Kautilya's Arthashastra 3.17.13

3.17.13

yaḥ "etāvadd hiraṇyaṃ dāsyāmi" iti pramāṇam uddiśya kārayati sa yathoktaṃ hiraṇyaṃ daṇḍaṃ ca dadyāt" iti bārhaspatyāḥ //

The school of Brihaspati are of opinion that if with the promise ‘I will pay thee this amount of gold,’ an abettor causes another to commit sáhasa, the former shall be compelled to pay the promised amount of gold and a fine. But Kautilya holds that if an abettor extenuates his crime by pleading anger, intoxication or loss of sense (moham), he shall be punished as described above.