Kautilya's Arthashastra 4.11: Chapter 11 (Section 86): Capital Punishment

4.11.1

kalahe ghnataḥ puruṣaṃ citro ghātaḥ //

WHEN a man murders another in a quarrel, he shall be tortured to death. When a person wounded in a fight dies within seven nights, he who caused the wound shall be put to instantaneous death (suddhavadhah). If the wounded man dies within a fortnight, the offender shall be punished with the highest amercement. If the wounded man dies within a month, the offender shall be compelled to pay not only a fine of 500 panas, but also an adequate compensation (to the bereaved).

4.11.2

saptarātrasyāntarmṛte śuddhavadhaḥ, pakṣasyāntar uttamaḥ, māsasyāntaḥ pañcaśataḥ samutthānavyayaś ca //

4.11.3

śastreṇa praharata uttamo daṇḍaḥ //

When a man hurts another with a weapon, he shall pay the highest amercement; when he does so under intoxication, his hand shall be cut off; and when he causes instantaneous death, be shall be put to death.

4.11.4

madena hastavadhaḥ, mohena dviśataḥ //

4.11.5

vadhe vadhaḥ //

4.11.6

prahāreṇa garbhaṃ pātayata uttamo daṇḍaḥ, bhaiṣajyena madhyamaḥ, parikleśena pūrvaḥ sāhasadaṇḍaḥ //

When a person causes abortion in pregnancy by striking, or with medicine, or by annoyance, the highest, middlemost, and first amercements shall be imposed respectively.

4.11.7

prasabhastrīpuruṣaghātakābhisārakanigrāhakāvaghoṣakāvaskandaka.upavedhakān pathiveśmapratirodhakān rājahastyaśvarathānāṃ hiṃsakān stenān vā śūlān ārohayeyuḥ //

Those who cause violent death either to men or women, or those who are in the habit of often going to meet prostitutes (abhisáraka), those who inflict unjust punishment upon others, those who spread false or contemptuous rumours, who assault or obstruct travellers on their way, who commit house-breaking, or who steal or cause hurt to royal elephants, horses, or carriages shall be hanged.

4.11.8

yaś cainān dahed apanayed vā sa tam eva daṇḍaṃ labheta, sāhasam uttamaṃ vā //

Whoever burns or carries away the corpses of the above offenders shall meet with similar punishment or pay the highest amercement.

4.11.9

hiṃsrastenānāṃ bhaktavāsopakaraṇāgnimantradānavaiyāvṛtyakarmasu^uttamo daṇḍaḥ, paribhāṣaṇam avijñāte //

When a person supplies murderers or thieves with food, dress, any requisites, fire, information, any plan, or assistance in any way, he shall be punished with the highest amercement. When he does so under ignorance, he shall be censured.

4.11.10

hiṃsrastenānāṃ putradāram asamantraṃ visṛjet, samantram ādadīta //

Sons or wives of murderers or of thieves shall, if they are found not in concert, be acquitted; but they shall be seized if found to have been in concert.

4.11.11

rājyakāmukam antaḥpurapradharṣakam aṭavyamitrotsāhakaṃ durgarāṣṭradaṇḍakopakaṃ vā śirohastapradīpikaṃ ghātayet //

Any person who aims at the kingdom, who forces entrance into the king's harem, who instigates wild tribes or enemies (against the king), or who creates disaffection in forts, country parts, or in the army shall be burnt alive from head to foot.

4.11.12

brāhmaṇaṃ tamaḥ praveśayet //

If a Bráhman does similar acts, he shall be drowned.

4.11.13

mātṛpitṛputrabhrātrācāryatapasvighātakaṃ vātvakśiraḥprādīpikaṃ ghātayet //

Any person who murders his father, mother, son, brother, teacher, or an ascetic, shall be put to death by burning both his head and skin; if he insults any of the above persons, his tongue shall be cut off; if he bites any limb of these persons, be shall be deprived of the corresponding limb.

4.11.14

teṣām ākrośe jihvācchedaḥ, aṅgābhiradane tadaṅgān mocyaḥ //

4.11.15

yadṛcchāghāte puṃsaḥ paśuyūthasteye ca śuddhavadhaḥ //

When a man wantonly murders another, or steals a herd of cattle, he shall be beheaded.

4.11.16

daśāvaraṃ ca yūthaṃ vidyāt //

A herd of cattle shall be considered to consist of not more than ten heads.

4.11.17

udakadhāraṇaṃ setuṃ bhindatas tatraivāpsu nimajjanam, anudakam uttamaḥ sāhasadaṇḍaḥ, bhagnotsṛṣṭakaṃ madhyamaḥ //

When a person breaks the dam of a tank full of water, he shall be drowned in the very tank; of a tank without water, he shall be punished with the highest amercement; and of a tank which is in ruins owing to neglect, he shall be punished with the middle-most amercement.

4.11.18

viṣadāyakaṃ puruṣaṃ striyaṃ ca puruṣaghnīm apaḥ praveśayed agarbhiṇīm, garbhiṇīṃ māsāvaraprajātām //

Any man who poisons another and any woman who murders a man shall be drowned.

Any woman who murders her husband, preceptor, or offspring, sets fire to another's property, poisons a man or cuts off any of the bodily joints of another shall be torn off by bulls, no matter whether or not she is big with a child, or has not passed a month after giving birth to a child.

4.11.19

patiguruprajāghātikām agniviṣadāṃ saṃdhicchedikāṃ vā gobhiḥ pāṭayet //

4.11.20

vivītakṣetrakhalaveśmadravyahastivanādīpikam agninā dāhayet //

Any person who sets fire to pasture lands, fields, yards prepared for threshing out grains, houses, forests, of timber or of elephants shall be thrown into fire.

4.11.21

rājākrośakamantrabhedakayor aniṣṭapravṛttikasya brāhmaṇamahānasāvalehinaś ca jihvām utpāṭayet //

Any person who insults the king, betrays the king's council, makes evil attempts (against the king), or disregards the sanctity of the kitchens of Bráhmans shall have his tongue cut off.

4.11.22

praharaṇāvaraṇastenam anāyudhīyam iṣubhir ghātayet //

When a man other than a soldier steals weapons or armour, he shall be shot down by arrows; if he is a soldier, he shall pay the highest amercement.

4.11.23

āyudhīyasyottamaḥ //

4.11.24

meḍhraphalopaghātinas tad evac chedayet //

He who castrates a man shall have his generative organ cut off.

4.11.25

jihvānāsopaghāte saṃdaṃśavadhaḥ //

He who hurts the tongue or nose of another shall have his fingers cut off.

4.11.26

ete śāstreṣv anugatāḥ kleśadaṇḍā mahātmanām /
akliṣṭānāṃ tu pāpānāṃ dharmyaḥ śuddhavadhaḥ smṛtaḥ //E

Such painful punishments (klesadanda) as the above have been laid down in the Śástras of great sages; but it has been declared as just to put to simple death those offenders who have not been cruel.