Chapter 5.22 - Laws Relating to Adultery with Women (strīsaṃgrahaṇa)

Yājñavalkya has placed the strīsaṃgrahaṇa as the nineteenth title of law which consists of twelve verses. This title of law regulates all the unethical acts or behaviours relating to women, which the society does not permit. The Mitākṣarā explains saṃgrahaṇa as illegal or unlawful union of man or woman for sexual enjoyment.^[1] According to Viśvarūpa, saṃgrahaṇa denotes having relation with other’s married wife.^[2] Aparārka comments that saṃgrahaṇa is the sexual union or enjoyment with the wife of other person.^[3] However, it may be noticed that Yājñavalkya has dealt with offences like abduction of a maiden and other forms of sexual offences within this topic of law. He lays down detailed provisions, which form the offence of adultery, or these may be considered as indicators for the commission of adultery. A man should be held guilty of adultery, when he is found with another’s wife, grasping each other’s hair or by immediate signs of excitement of lust or marks of amorous contact such as the scars by the nail, teeth, etc., or when both the man and woman admit the fact or when one is seen touching the knot of the lower garment or of upper garments of another’s wife or catching her hair, hip, etc., or having conversation at an improper place and time or also sitting together closely.^[4]

Yājñavalkya provides special penalty in respect of man and woman for being involved in prohibited acts. When a forbidden act is done by a woman, the fine to be inflicted is a hundred paṇas and in case of man, fine is determined to be two hundred paṇas. If both are found equally responsible for committing the forbidden act, then the punishment for both will be same as mentioned for adultery.^[5] Hereafter, the author prescribes the penalty for adultery. When adultery is committed with a woman of the same caste, the highest amercement will be the fine of the man, when comitted with a woman belonging to lower caste, middle amercement is the penalty, but death penalty is imposed on the man being engaged in adultery with a woman of higher caste and for woman, the cutting of hair and the like limbs is the punishment.^[6]

The offence coming under adultery regarding a maiden or unmarried girl is enumerated by the author. Penalty of highest amercement is advocated for one, who abducts or carries away a maiden of same caste, adorned with ornaments for marriage. In ordinary case, i.e. if the abducted girl is not bedecked and of the same varṇa with the abducting man, the fine of lowest amercement should be realised. Death penalty is ordained for abducting a maiden of higher caste. However, there is no offence and so no punishment in respect of abducting a maiden of lower caste,who is in love or affection with the person, otherwise there will be punishment. For defiling forcibly an unmarried girl of equal or inferior caste without her consent or against her will, the punishment is cutting of hands and when the same offence is committed towards a girl of a higher caste, then the penalty to be incurred is death.^[7] Fine of a hundred paṇas is to be imposed on a person who slanders a woman by declaring defects in her even if real, and the fine is two hundred paṇas for making false accusation.

Yājñavalkya further proclaims that a person having connection with beasts is to be fined a hundred paṇas, and one having such connection with a low woman or with a cow, is to pay middle amercement as punishment.^[8] A special punishment of fifty paṇas is provided for cohabiting with some common women belonging to another though not as a wife such as secluded maid servants, kept mistress or other unchaste woman, etc., even though, intercourse with them is permissible. It is considered as strīsaṃgrahaṇa.^[9]

Yājñavalkya declares a fine of ten paṇas for committing forcible intercourse with a female slave and if many persons do so upon a single woman against her will, then each of them severally be fined twenty four paṇas. ^[10] Unnatural intercourse even if done with one’s own wife is made a punishable offence by Yājñavalkya, and a fine of twenty-four paṇas is prescribed for it. The same amount of fine is ordained for cohabiting with a female ascetic.^[11] It is also stated that the king should order banishment after having branded with an obscene mark to one, who is convicted cohabiting with an Antyā, i.e. a woman of degraded caste. The Śūdra himself becomes an Antya for committing a similar offence. Death penalty is prescribed for an Antya, i.e. a degraded casteman, who knows an Ārya woman, i.e. a woman of higher caste.^[12]

The offences incorporated within strīsaṃgrahaṇa correspond to various criminal offences connecting to woman under modern law. The following provisions of Indian Penal Code can be traced as having similarity of concept or ingredients more or less with the above-mentioned laws of Yājñavalkya-

(i) Section 497 of Indian Penal Code describes the offence of adultery, according to which, whoever has sexual intercourse with a married woman without the consent or connivance of her husband is to be punished with imprisonment that may extend up to five years or with fine or with both.^[13] An interesting point to be noted here is that according to the rule of Yājñavalkya, both man and woman indulging in adultery have to undergo punishment but under the provision of section 497 only male offended alone has been made punishable. Moreover, section 498 of the same Code punishes a person who entices, takes away or detains a married woman intending to have her illicit intercourse with any person.^[14]

(ii) Section 509 of Indian Penal Code provides punishment for those, who by word, gesture or act intends to insult the modesty of a woman.^[15] Likewise section 354 punishes whoever assaults or uses criminal force to woman with intent to outrage her modesty.^[16]

(iii) The offences referred to relating to maiden in the Yājñavalkyasmṛti have ingredients with the offences described under sections 361, 362, 366 as kidnapping from lawful guardianship, abduction, etc., of Indian Penal Code.^[17]

(iv) The offence of rape under section 375 of the Code also has some bearing with some of the provisions of the rules of the Yājñavalkyasmṛti relating to strīsaṃgrahaṇa.^[18]

(v) Section 377 of Indian Penal Code incorporates the law, which is also found in the provisions of the Yājñavalkyasmṛti that one causing voluntary carnal intercourse against the order of nature with any man, woman or animal should be punished.^[19]

Footnotes and references:

[1]:

strīpuṃsayormithunithunībhāvaḥ saṃgrahaṇam/ Mitākṣrā,Ibid., 2.283

[2]:

… paraparigṛhītastrīmātrāśrayaṃ saṅgrahaṇavidhimāha/ Bālakrīḍā, Ibid., 2.287

[3]:

saṃgrahaṇe parastriyā saha mithunībhāve nimitte…/ Aparārka, Ibid., 2.283

[4]:

pumānsaṃgrahaṇe…sahaikāsanameva ca// Yājñavalkyasmṛti, 2.283-284

[5]:

Ibid., 2.285

[6]:

sajātāvuttamo daṇḍa ānulomye tu madhyamaḥ/ prātilomye vadhaḥ puṃso nāryāḥ karṇādikartanam// Ibid., 2.286

[7]:

alaṃkṛtā harankanyāmuttamaṃ hyanyathādhamam/ daṇḍaṃ dadyātsavarṇāsu prātilomye vadhaḥ smṛtaḥ// sakāmāsvanulomāsu na doṣastvanyathā damaḥ/ dūṣaṇe tu karaccheda uttamāyāṃ vadhastathā// Ibid.,2.287-288

[8]:

śataṃ strīdūṣane dadyāddve tu mitthyābhiśaṃsane/ paśūntācchanśataṃ dāpyo hīnāṃ strīṃ gāṃ ca madhyamam// Ibid.,2.289

[9]:

Ibid.,2.290

[10]:

prasahya dāsyabhigame daṇḍo daśapaṇaḥ smṛtaḥ/ bahūnāṃ yadyakāmāsau caturviṃśatikaḥ pṛthak// Ibid.,2.291

[11]:

ayonau gacchato yoṣāṃ purusaṃ vāpi mehataḥ/ caturviṃśatiko daṇḍastathā pravrajitagame// Ibid.,2.293

[12]:

Ibid., 2.294

[13]:

Misra, S.N., Indian Penal Code, page 835

[14]:

Ibid., page 836

[15]:

Ibid., page 871

[16]:

Ibid., page 650

[17]:

Ibid., page 654,655,662,671

[18]:

Ibid., page 680, 693

[19]:

Ibid., page 719