Kautilya's Arthashastra 4.12: Chapter 12 (Section 87): Violation of Maidens

4.12.1

savarṇām aprāptaphalāṃ prakurvato hastavadhaḥ, catuḥśato vā daṇḍaḥ //

HE who defiles a maiden of equal caste before she has reached her maturity shall have his hand cut off or pay a fine of 400 panas; if the maiden dies in consequence, the offender shall be put to death.

4.12.2

mṛtāyāṃ vadhaḥ //

4.12.3

prāptaphalāṃ prakurvato madhyamāpradeśinīvadho, dviśato vā daṇḍaḥ //

He who defiles a maiden who has attained maturity shall have his middle finger cut off or pay a fine of 200 panas, besides giving an adequate compensation to her father.

4.12.4

pituś cāvahīnaṃ dadyāt //

4.12.5

na ca prākāmyam akāmāyāṃ labbheta //

No man shall have sexual intercourse with any woman against her will.

4.12.6

sakāmāyāṃ catuṣpañcāśatpaṇo daṇḍaḥ, striyās tv ardhadaṇḍaḥ //

He who defiles a willing maiden shall pay a fine of 54 panas, while the maiden herself shall pay a fine of half the amount.

4.12.7

paraśulkāvaruddhāyāṃ hastavadhaḥ, catuḥśato vā daṇḍaḥ, śulkadānaṃ ca //

When a man impersonates another man who has already paid the nuptial fee to a woman (parasulkopadháyám), he shall have his hand cut off or pay a fine of 400 panas, besides making good the nuptial fee.

4.12.8

saptārtavaprajātāṃ varaṇād ūrdhvam alabhamānaḥ prakṛtya prākāmī syāt, na ca pitur avahīnaṃ dadyāt //

No man who has connection with a maiden that has passed seven menses and has not yet succeeded in marrying her, though she has been betrothed to him, shall either be guilty or pay any compensation to her father; for her father has lost his authority over her in consequence of having deprived her so long of the result of her menses.

4.12.9

ṛtupratirodhibhiḥ svāmyād apakrāmati //

4.12.10

trivarṣaprajātārtavāyās tulyo gantum adoṣaḥ, tataḥ param atulyo 'py analaṃkṛtāyāḥ //

It is no offence for a man of equal caste and rank to have connection with a maiden who has been unmarried three years after her first menses. Nor is it an offence for a man, even of different caste, to have connection with a maiden who has spent more than three years after her first menses and has no jewellery on her person; for taking possession of paternal property (under such circumstances) shall be regarded as theft.

4.12.11

pitṛdravyādāne steyaṃ bhajeta //

4.12.12

param uddiśyānyasya vindato dviśato daṇḍaḥ //

Any person who, while pretending to secure a bride to a particular person, ultimately obtains her for a third person shall be fined 200 panas.

4.12.13

na ca prākāṃyam akāmāyāṃ labheta //

No man shall have sexual intercourse with any woman against her will.

4.12.14

kanyām anyāṃ darśayitvānyāṃ prayacchataḥ śatyo daṇḍas tulyāyām, hīnāyāṃ dviguṇaḥ //

If a person substitutes in marriage another maiden for the one he has before shown, he shall, if the substitute is of the same rank, be fined 100 panas, and 200 panas if she is of lower rank. The substituted maiden shall be fined 54 panas, while the offender shall also be compelled to return both the nuptial fee and the amount of expenditure (incurred by the bridegroom).

4.12.15

prakarmaṇy akumāryāś catuṣpañcāśatpaṇo daṇḍaḥ, śulkavyayakarmaṇī ca pratidadyāt //

4.12.16

avasthāya tajjātaṃ paścātkṛtā dviguṇaṃ dadyāt //

When a man refuses to live in marriage a particular maiden as agreed upon, he shall pay double the above fine.

4.12.17

anyaśoṇitopadhāne dviśato daṇḍaḥ, mithyābhiśaṃsinaś ca puṃsaḥ //

When a man substitutes in marriage a maiden of different blood or is found to have bestowed false praises (on her quality), he shall not only pay a fine of 200 panas and return the nuptial fee, but also make good the expenditure.

4.12.18

śulkavyayakarmaṇī ca jīyeta //

4.12.19

na ca prākāṃyam akāmāyāṃ labheta //

No man shall have sexual intercourse with any woman against her will.

4.12.20

strīprakṛtā sakāmā samānā dvādaśapaṇaṃ daṇḍaṃ dadyāt, prakartrī dviguṇam //

When a woman being desirous of intercourse, yields herself to a man of the same caste and rank, she shall be fined 12 panas, while any other woman who is an abettor in the case shall be fined twice as much. Any woman who abets a man in having intercourse with a maiden against her will shall not only pay a fine of 100 panas, but also please the maiden providing her with an adequate nuptial fee.

4.12.21

akāmāyāḥ śatyo daṇḍa ātmarāgārtham, śulkadānaṃ ca //

4.12.22

svayaṃ prakṛtā rājadāsyaṃ gacchet //

A woman who, of her own accord, yields herself to a man shall be a slave to the king.

4.12.23

bahirgrāmasya prakṛtāyāṃ mithyābhiśaṃsane ca dviguṇo daṇḍaḥ //

For committing intercourse with a woman outside a village, or for spreading false report regarding such things, double the usual fines shall be imposed.

4.12.24

prasahya kanyām apaharato dviśataḥ, sa-suvarṇām uttamaḥ //

He who carries off a maiden by force shall be fined 200 panas; if the maiden thus carried off has golden ornaments on her person, the highest amercement shall be imposed. If a number of persons abduct a maiden, each of them shall be punished as above.

4.12.25

bahūnāṃ kanyāpahāriṇāṃ pṛthag yathoktā daṇḍāḥ //

4.12.26

gaṇikāduhitaraṃ prakurvataś catuṣpañcāśatpaṇo daṇḍaḥ, śulkaṃ mātur bhogaḥ ṣoḍaśaguṇaḥ //04.12.27/ dāsasya dāsyā vā duhitaram adāsīṃ prakurvataś caturviṃśatipaṇo daṇḍaḥ śulkābandhyadānaṃ ca //

When a man has connection with a harlot's daughter, he shall not only pay a fine of 54 panas, but also give her mother sixteen times her daily income.

When a man defiles the daughter of his own male or female slave, he shall not only pay a fine of 24 panas, but also provide the maiden with an adequate nuptial fee (sulka) and jewellery (ábaddhya).

4.12.28

niṣkrayānurūpāṃ dāsīṃ prakurvato dvādaśapaṇo daṇḍo vastrābandhyadānaṃ ca //

When a man has connection with a woman who has been held in slavery on account of certain ransom due from her, he shall not only pay a fine of 12 panas, but also provide the woman with dress and maintenance.

4.12.29

sācivyāvakāśadāne kartṛsamo daṇḍaḥ //

Abettors in all the above cases shall each have the same punishment as the principal offender.

4.12.30

proṣitapatikām apacarantīṃ patibandhus tatpuruṣo vā saṃgṛhṇīyāt //

A relative, or a servant of an absentee husband may take the latter's wife of loose character under his own protection (samgrihníyat = may marry her). Being under such protection, she shall wait for the return of her husband. If her husband, on his return, entertains no objection, both the protector and the woman shall be acquitted. If he raises any objection, the woman shall have her ears and nose cut off, while her keeper shall be put to death as an adulterer.

4.12.31

saṃgṛhītā patim ākāṅkṣeta //

4.12.32

patiś cet kṣameta visṛjyetobhayam //

4.12.33

akṣamāyāṃ striyāḥ karṇanāsācchedanam, vadhaṃ jāraś ca prāpnuyāt //

4.12.34

jāraṃ cora ity abhiharataḥ pañcaśato daṇḍaḥ, hiraṇyena muñcatas tadaṣṭaguṇaḥ //

When a man falsely accuses another of having committed theft while in reality the latter is guilty of adultery, the complainant shall be fined 500 panas.

He who lets off an adulterer by receiving gold shall pay a fine of eight times the value of the gold (he received).

4.12.35

keśākeśikaṃ saṃgrahaṇam, upaliṅganād vā śarīropabhogānām, tajjātebhyaḥ(tajjñātebhyaḥ? cfṇ12.60)), strīvacanād vā //

(Adultery may be proved by circumstances such as) hand to hand fight, abduction, any marks made on the body of the culprits, opinion of experts on consideration of the circumstances, or the statements of women involved in it.

4.12.36

paracakrāṭavīhṛtām oghapravyūḍhām araṇyeṣu durbhikṣe vā tyaktāṃ pretabhāvotsṛṣṭāṃ vā parastriyaṃ nistārayitvā yathāsaṃbhāṣitaṃ samupabhuñjīta //

When a man rescues a woman from enemies, forests, or floods, or saves the life of a woman who has been abandoned in forests, forsaken in famine, or thrown out as if dead, he may enjoy her as agreed upon during the rescue.

4.12.37

jātiviśiṣṭām akāmām apatyavatīṃ niṣkrayeṇa dadyāt //

A woman of high caste, with children and having no desire for sexual enjoyment, may be let off after receiving an adequate amount of ransom.

4.12.38

corahastān nadīvegād durbhikṣād deśavibhramāt /
nistārayitvā kāntārān naṣṭāṃ tyaktāṃ mṛteti vā //

Those women who have been rescued from the hands of thieves, from floods, in famine, or in national calamities, or who, having been abandoned, missed, or thrown out as if dead in forests, have been taken home may be enjoyed by the rescuer as agreed upon.

4.12.39

bhuñjīta striyam anyeṣāṃ yathāsaṃbhāṣitaṃ naraḥ /
na tu rājapratāpena pramuktāṃ svajanena vā //

But no such women as have been cast out under royal edict, or by their own kinsmen; nor such as belong to high caste, or do not like to be rescued, nor even those who have children shall be rescued either for ransom or for their person.

4.12.40

na cottamāṃ na cākāmāṃ pūrvāpatyavatīṃ na ca /
īdṛśīṃ tv anurūpeṇa niṣkrayeṇāpavāhayet //E