Chapter 5.18 - Laws on Sāhasa (Robbery and Violence)

The title of law, termed as sāhasa, is defined by Yājñavalkya as the forcible deprivation of the common property or another’s property. ^[1] This definition of Yājñavalkya does not seem to be elaborate or all-pervasive. The acts, which are treated as offences under the title of law sāhasa, contain a lot of material that are irrelevant to the nature of the offence, as it is defined by Yājñavalkya. Therefore, it appears to be difficult to give an exact English rendering of the title, which will express the general characteristics of all the subjects treated within it.

According to the Manusmṛti, sāhasa is an offence committed with violence, in the presence of the owner, and if it is committed in absence of the owner, and possession of anything is denied after it has been taken, it will be steya.^[2] In the definition of Manu, sāhasa seems to have included robbery and theft. Yājñavalkya’s definition also appears to have reference to what may be called as robbery. Nārada gives a wider definition than that of Manu and Yājñavalkya. He states that whatever act is done by force (sāhasa) by persons inflamed with the pride of strength is called sāhasa as sāhasa means force or strength in this world.^[3] Examining all the above-mentioned definitions, a common feature may be derived which is use or exercise of force or violence. Bühler, while translating the Manusmṛti, has used the term robbery to denote sāhasa ^[4] and Julius Jolly mentions it as heinous offences. ^[5] J.R. Gharpure while translating the Yājñavalkyasmṛti refers to it as heinous offences.^[6] M.N. Dutt has translated it as laws relating to robbery.^[7]

Yājñavalkya prescribes the penalty for a sāhasa, which is in the form of carrying away property forcibly being common or belonging to other. A person committing such an offence has to pay a fine double the amount of the value of the article. In case, the offence has been denied, then the penalty is to be four-fold.^[8] The commission of these kinds of offences might have been of serious concern. Therefore, Yājñavalkya provides rules through which, not only the persons committing the offences is held guilty but one who incites or abets is also held liable to be punished. The person, who causes or makes another to commit the offence of sāhasa, is to be punished with a fine double the amount of penalty to be imposed upon one, who commits the offence and when he instigates the commission of the offence by assuring a sum of money on behalf of that act then his penalty increases to four-fold.^[9] It is interesting to note here that under modern criminal law also abetment is considered as punishable offence. Section 107 and 108 of the Indian Penal Code define abetment and abettor respectively, the import of which resembles the law of sāhasa as propounded by Yājñavalkya. Various provisions as found under Sections 109, 110, 111, 112, 113, 114, 115, 116 etc., of the same Act prescribes the punishment for abetment and liabilities of the abettor.^[10]

Yājñavalkya declares some other offences which come under sāhasa. He enumerates a group of special kinds of sāhasas and those committing these offences are to be punished with similar manner, i.e. a fine of fifty paṇas.

These offences are–

1. abusing, disobeying and transgressing the command of persons deserving respect,
2. beating one’s brother’s wife,
3. non-giving or non-payment of promised amount or what is agreed upon,
4. breaking open a closed house,
5. causing injury or harm to a neighbour, blood relations, villagers and the like.^[11]

Moreover, the author gives a list of several offences which constitute sāhasa and the punishment of a fine of a hundred paṇas is recommended thereof.

Such offences are–

1. having sexual intercourse with a widow, wantonly or by self will,
2. not exerting to help one in response to a call to protect in distress,
3. raising a cry to help causelessly,
4. touching a man of higher caste by Caṇḍāla,
5. feeding Śūdra ascetic on religious or exequial ceremonies,
6. pronouncing an improper oath,
7. performance of an act being unqualified which can be done only by a qualified person,
8. destroying the procreative power of a bull or of small beasts
9. concealing or misappropriating common property,
10. causing destruction of a embryo of a female slave,
11. abandoning each other without any justification amongst the following–a father, son, sister, brother, husband, wife, preceptor and disciple.^[12]

Yājñavalkya has treated some other offences under this title of law and ordains punishment, which are analysed and categorised by Vijñāneśvara as offences similar to sāhasa.^[13] Most of these offences relate to various professions such as washerman, examiner of coins, physician, etc.^[14] According to the provisions as laid down by Yājñavalkya, restraining one who ought not to be restrained, and releasing one who is fettered before final decision of the case is an offence punishable with highest amercement.^[15] For counterfeiting or forging scales, standards of measure, coins etc., and making them use as genuine attracts highest form of pecuniary punishment.^[16] Laws regulating trade and commerce, adulteration or mixing of various food and goods, making spurious imitations of various articles made of earth, leather, etc., are included within the title of law called sāhasa.^[17]

Yājñavalkya directs punishment to the one who pledges or sells a sealed box or a vessel containing imitation of valuable articles. If the actual value of the counterfeited article is less than paṇa then the fine will be fifty paṇas, where price is a paṇa, penalty will be of a hundred paṇas and fine will be two hundred paṇas in case of an article of two paṇas and, thus, the fine increases with the increased value of the articles.^[18] It is to be mentioned here that sāhasa contains an offence, which is of giving evidence in dispute between father and son, and the penalty prescribed is three paṇas.^[19] It may be presumed that many acts, which do not exhibit any criminal nature or exercise of forced violence, etc., have been converted into serious offences requiring treatment in the section of sāhasa.

Important ingredients of various kinds of offences provided in the Indian Penal Code are also found by and large in some of the offences, classified under sāhasa section of the Yājñavalkyasmṛti. For instance, the definition given by him about sāhasa marks affinity with the offences such as robbery, dacoity, extortion, etc., found under Sections 390, 391 and 383 of the Indian Penal Code respectively.^[20] Yājñavalkya declares making counterfeit coins, etc., as punishable offence. Indian penal Code from Section 463 to 489E contains offences relating to forgery and counterfeit of documents, property and other marks, currency notes or bank notes.^[21] Like Yājñavalkya, modern law too contemplates housebreaking and dishonestly breaking open receptacle containing property as punishable offence under Sections 445, 453, 461 of the Indian penal Code. ^[22]

Section 268 of the Indian Penal Code deals with public nuisance according to which causing any common injury, danger or annoyance to public or people in general, who dwell or occupy property in the vicinity is guilty of public nuisance. Yājñavalkya too prescribes that causing injury or harm to neighbour is a punishable offence. Under modern legal system, adulteration is considered as a serious offence and legislative measures are taken to prevent it by the prevention of Food Adulteration Act 1954. Like this, many provisions of the Yājñavalkyasmṛti are found to be still relevant under modern legal system.

Footnotes and references:

[1]:

sāmānyadravyaprasabhaharaṇātsāhasaṃ smṛtam/Yājñavalkyasmṛti,2.230

[2]:

syātsāhasaṃ tvanvayavatprasabhaṃ karma yatkṛtam/ niranvayaṃ bhavetsteyaṃ hṛtvāpavyayate ca yat// Manusmṛti,8.332

[3]:

sahasā kriyate karma yatkiñcidbaladarpitaiḥ/ tat sāhasamiti proktaṃ saho balamihocyate// Nāradasmṛti, 4.14.1

[4]:

Max Müller, F.(Edited), The Sacred Books of the East, Volume 25, page 312

[5]:

Max Müller, F.(Edited), Op.cit., Volume 33, page 202

[6]:

Gharpure, J.R., Op.cit., Volume 2, Part 4, page1276

[7]:

Panda, R.K.(Edited) and Dutt, M.N.(trans.), Yājñavalkya-Smṛtiḥ, page 370

[8]:

tanmūlyāddviguṇo daṇḍonihnave tu caturguṇaḥ// Yājñavalkyasmṛti,2.230

[9]:

yaḥ sāhasaṃ kārayati sa dvigunaṃ damam/ yaścataimuktvā’haṃ dātā kārayet sa caturguṇaḥ// Ibid.,2.231

[10]:

Misra, S.N., Indian Penal Code, pages 271-289

[11]:

Yājñavalkyasmṛti,2.232-233

[12]:

Ibid.,2.234-237

[13]:

sāhasaprasaṅgāttatsadṛśāparādheṣu nirṇejakādīnāṃ daṇḍamāha… / Mitākṣarā,Ibid.,2.238

[14]:

Yājñavalkyasmṛti,2.238,240,242,243

[15]:

abadhyaṃ yaśca badhnāti baddhaṃ yaśca pramuñcati/ aprāptavyavahāraṃ ca sa dāpyo damamuttamam// Ibid.,2.243

[16]:

tulāśāsanamānānāṃ kūṭakṛnnāṇakasya ca/ ebhiśca vyavahartā yaḥ sa dāpyo damamuttamam// Ibid.,2.240

[17]:

Ibid., 2.245, 246,249,250,251,252,253

[18]:

Ibid.,2.247-248

[19]:

pitāputravirodhe tu sākṣiṇāṃ tripaṇo damaḥ/ antare ca tayoryaḥ syāttasyāpyaṣṭaguṇo damaḥ// Ibid.,2.239

[20]:

Misra, S.N., Indian Penal Code, pages 736,739,731

[21]:

Ibid., pages 807-827

[22]:

Ibid., pages 801,803, 806