Kautilya's Arthashastra 4.13: Chapter 13 (Section 88): Punishment for Transgressions

4.13.1

brāhmaṇam apeyam abhakṣyaṃ vā grāsayata uttamo daṇḍaḥ, kṣatriyaṃ madhyamaḥ, vaiśyaṃ pūrvaḥ sāhasadaṇḍaḥ, śūdraṃ catuṣpañcāśatpaṇo daṇḍaḥ //

HE who causes a Bráhman to partake of whatever food or drink is prohibited shall be punished with the highest amercement. He who causes a Kshatriya to do the same shall be punished with the middlemost amercement; a Vaisya, with the first amercement; and a Súdra, with a fine of 54 panas.

4.13.2

svayaṃ grasitāro nirviṣayāḥ kāryāḥ //

Those who voluntarily partake of whatever is condemned either as food or drink shall be outcast.

4.13.3

paragṛhābhigamane divā pūrvaḥ sāhasadaṇḍaḥ, rātrau madhyamaḥ //

He who forces his entrance into another's house during the day shall be punished with the first amercement; and during the night with the middlemost. Any person who with weapon in hand enters into another's house either during the day or night shall be punished with the highest amercement.

4.13.4

divā rātrau vā saśastrasya praviśata uttamo daṇḍaḥ //

4.13.5

bhikṣukavaidehakau mattonmattau balād āpadi cātisaṃnikṛṣṭāḥ pravṛttapraveśāś cādaṇḍyāḥ, anyatra pratiṣedhāt //

When beggars or peddlers and lunatics or mad persons attempt to enter into a house by force, or when neighbours force their entrance into a house in danger, they shall not be punished provided no such entrance is specially prohibited.

4.13.6

svaveśmano virātrād ūrdhvaṃ parivāram ārohataḥ pūrvaḥ sāhasadaṇḍaḥ, paraveśmano madhyamaḥ, grāmārāmavāṭabhedinaś ca //

He who mounts the roof of his own house after midnight shall be punished with the first amercement; and of another's house, with the middlemost amercement.

Those who break the fences of villages, gardens, or fields shall also be punished with the middlemost amercement.

4.13.7

grāmeṣv antaḥ sārthikā jñātasārā vaseyuḥ //

Having made the value, etc., of their merchandise known (to the headman of the village), traders shall halt in some part of a village. When any part of their merchandise which has not been truly sent out of the village during the night has been stolen or lost, the headman of the village shall make good the loss.

4.13.8

muṣitaṃ pravāsitaṃ caiṣām anirgataṃ rātrau grāmasvāmī dadyāt //

4.13.9

grāmāntareṣu vā muṣitaṃ pravāsitaṃ vivītādhyakṣo dadyāt //

Whatever of their merchandise is stolen or lost in the intervening places between any two villages shall the superintendent of pasture lands make good. If there are no pasture lands (in such places), the officer called Chorarajjuka shall make good the loss. If the loss of merchandise occurs in such parts of the country as are not provided even with such security (a Chorarajjuka), the people in the boundaries of the place shall contribute to make up the loss. If there are no people in the boundaries, the people of five or ten villages of the neighbourhood shall make up the loss.

4.13.10

avivītānāṃ corarajjukaḥ //

4.13.11

tathāpy aguptānāṃ sīmāvarodhena vicayaṃ dadyuḥ //

4.13.12

asīmāvarodhe pañcagrāmī daśagrāmī vā //

4.13.13

durbalaṃ veśma śakaṭam anuttabdham ūrdhastaṃbhaṃ śastram anapāśrayam apraticchannaṃ śvabhraṃ kūpaṃ kūṭāvapātaṃ vā kṛtvā hiṃsāyāṃ daṇḍapāruṣyaṃ vidyāt //

Harm due to the construction of unstable houses, carts with no support or with a beam or weapon hung above or with damaged support or with no covering, and harm due to causing a cart to fall in pits, or a tank, or from a dam, shall be treated as assault.

4.13.14

vṛkṣacchedane daṃyaraśmiharaṇe catuṣpadānām adāntasevane vāhane vā kāṣṭhaloṣṭapāṣāṇadaṇḍabāṇabāhuvikṣepaṇeṣu yāne hastinā ca smaghaṭṭane "apehi" iti prakośann adaṇḍyaḥ //

Cutting of trees, stealing the rope with which a tameable animal is tied, employing untamed quadrupeds, throwing sticks, mud, stones, rods, or arrows on chariots or elephants, raising or waiving the arm against chariots or elephants, shall also be treated as assault.

(The charioteer) who cries out (to a passer-by) ‘get out’ shall not be punished for collision (samghattane).

4.13.15

hastinā roṣitena hato droṇānnaṃ madyakuṃbhaṃ mālyānulepanaṃ dantapramārjanaṃ ca paṭaṃ dadyāt //

A man who is hurt to death by an elephant under provocation (caused by himself) shall supply not only a kumbha of liquor (less by a drona), garlands, and scents but also as much cloth as is necessary to wash the tusks; for death caused by an elephant is as meritorious as the sacred bath taken at the end of a horse-sacrifice. Hence this offer (of liquor, etc.), is known as ‘washing the legs.’

4.13.16

aśvamedhāvabhṛthasnānena tulyo hastinā vadha iti pādaprakṣālanam //

4.13.17

udāsīnavadhe yātur uttamo daṇḍaḥ //

When an indifferent passer-by is killed by an elephant the driver shall be punished with the highest amercement.

4.13.18

śṛṅgiṇā daṃṣṭriṇā vā hiṃsyamānam amokṣayataḥ svāminaḥ pūrvaḥ sāhasadaṇḍaḥ, pratikruṣṭasya dviguṇaḥ //

When the owner of a horned or tusked animal does not rescue a man from being destroyed by his animal, he shall be punished with the first amercement. If he heedlessly keeps quite from rescuing though entreated, he shall be punished with twice the first amercement.

4.13.19

śṛṅgidaṃṣṭribhyām anyonyaṃ ghātayatas tac ca tāvac ca daṇḍaḥ //

When a person causes or allows horned or tusked animals to destroy each other, he shall not only pay a fine equal to the value of the destroyed animal or animals, but also make good the loss (to the sufferer).

4.13.20

devapaśum ṛṣabham ukṣāṇaṃ gokumārīṃ vā vāhayataḥ pañcaśato daṇḍaḥ, pravāsayata uttamaḥ //

When a man rides over an animal which is left off in the name of gods, or over a bull, an ox, or over a female calf, he shall be fined 500 panas. He who drives away the above animals shall be punished with the highest amercement.

4.13.21

lomadohavāhanaprajananopakāriṇāṃ kṣudrapaśūnām adāne tac ca tāvac ca daṇḍaḥ, pravāsane ca, anyatra devapitṛkāryebhyaḥ //

When a person carries off such inferior quadrupeds as are productive of wool or milk, or are useful for loading or riding, he shall not only pay a fine equal to their value, but also restore them.

The same punishment shall be imposed in the case of driving away inferior quadrupeds for purposes other than ceremonials performed in honour of gods or ancestors.

4.13.22

chinnanasyaṃ bhagnayugaṃ tiryakpratimukhāgataṃ pratyāsarad vā cakrayuktaṃ yātā paśumanuṣyasaṃbādhe vā hiṃsāyām adaṇḍyaḥ //

When an animal which has its nose-string cut off or which is not well tamed to yoke causes hurt; or when an animal, either coming furiously against a man or receding backwards with the cart to which it is tied, causes hurt or when an animal causes hurt in confusion brought about by the thronging of people and other animals; the owner of the animal shall not be punished;. but for hurt caused to men under circumstances other than the above, fines shall be imposed as laid down before, while the loss of any animal life due to such causes shall be made good. If the driver of a cart or carriage causing hurt is a minor, the master inside the cart or carriage shall be punished. In the absence of the master, any person who is seated inside, or the driver himself if he has attained his majority shall be punished. Carts or carriages occupied by a minor or with no person shall be taken possession of by the king.

4.13.23

anyathā yathoktaṃ mānuṣaprāṇihiṃsāyāṃ daṇḍam abhyāvahet //

4.13.24

amānuṣaprāṇivadhe prāṇidānaṃ ca //

4.13.25

bāle yātari yānasthaḥ svāmī daṇḍyaḥ, asvāmini yānasthaḥ, prāptavyavahāro vā yātā //

4.13.26

bālādhiṣṭhitam apuruṣaṃ vā yānaṃ rājā haret //

4.13.27

kṛtyābhicārābhyāṃ yatparam āpādayet tadāpādayitavyaḥ //

Whatever a man attempts to do to others by witch-craft shall be (practically) applied to the doer himself. Witch-craft merely to arouse love in an indifferent wife, in a maiden by her lover, or in a wife by her husband is no offence. But when it is injurious to others, the doer shall be punished with the middle most amercement.

4.13.28

kāmaṃ bhāryāyām anicchantyāṃ kanyāyāṃ vā dārārthino bhartari bhāryāyā vā saṃvadanakaraṇam //

4.13.29

anyathāhiṃsāyāṃ madhyamaḥ sāhasadaṇḍaḥ //

4.13.30

mātāpitror bhaginīṃ mātulānīm ācāryāṇīṃ snuṣāṃ duhitaraṃ bhaginīṃ vādhicaratas triliṅgacchedanaṃ vadhaś ca //

When a man performs witch-craft to win the sister of his own father or mother, the wife of a maternal uncle or of a preceptor, his own daughter-in-law, daughter, or sister, he shall have his limb cut off and also put to death,,while any woman who yields herself to such an offender shall also, receive similar punishment. Any woman who yields herself to a slave, a servant, or a hired labourer shall be similarly punished.

4.13.31

sakāmā tad eva labheta, dāsaparicārakāhitakabhuktā ca //

4.13.32

brāhmaṇyām aguptāyāṃ kṣatriyasyottamaḥ, sarvasvaṃ vaiśyasya, śūdraḥ kaṭāgninā dahyeta //

A Kshatriya who commits adultery with an unguarded Bráhman woman shall be punished with the highest amercement; a Vaisya doing the same shall be deprived of the whole of his property; and a Súdra shall be burnt alive wound round in mats.

4.13.33

sarvatra rājabhāryāgamane kuṃbhīpākaḥ //

Whoever commits adultery with the queen of the land shall be burnt alive in a vessel (kumbhílpákah.)

4.13.34

śvapākīgamane kṛtakabandhāṅkaḥ paraviṣayaṃ gacchet, śvapākatvaṃ vā śūdraḥ //

A man who commits adultery with a woman of low caste shall be banished with prescribed mark branded on his fore-head, or shall be degraded to the same caste.

4.13.35

śvapākasyāryāgamane vadhaḥ, striyāḥ karṇanāsācchedanam //

A Súdra or a svapáka who commits adultery with a woman of low caste shall be put to death, while the woman shall have her ears and nose cut off.

4.13.36

pravrajitāgamane caturviṃśatipaṇo daṇḍaḥ //

Adultery with a nun (pravrajitá) shall be punishable with a fine of 24 panas while the nun who submits herself shall also pay a similar fine.

4.13.37

sakāmā tad eva labheta //

4.13.38

rūpājīvāyāḥ prasahyopabhoge dvādaśapaṇo daṇḍaḥ //

A man who forces his connection with a harlot shall be fined 12 panas.

4.13.39

bahūnām ekām adhicaratāṃ pṛthak caturviṃśatipaṇo daṇḍaḥ //

When many persons perform witch-craft towards a single woman, each of them shall be punished with a fine of 24 panas.

4.13.40

striyam ayonau gacchataḥ pūrvaḥ sāhasadaṇḍaḥ, puruṣam adhimehataś ca //

When a man has connection with a woman against the order of nature (a-yonau), he shall be punished with the first amercement.

A man having sexual intercourse with another man shall also pay the first amercement.

4.13.41

maithune dvādaśapaṇas tiryagyoniṣv anātmanaḥ /
daivatapratimānāṃ ca gamane dviguṇaḥ smṛtaḥ //

When a senseless man has sexual intercourse with beasts, he shall be fined 12 panas; when he comits the same act with idols (representatives) of goddesses (daivatapratimá), he shall be fined twice as much.

4.13.42

adaṇḍyadaṇḍane rājño daṇḍas triṃśadguṇo 'ṃbhasi /
varuṇāya pradātavyo brāhmaṇebhyas tataḥ param //

When the king punishes an innocent man, he shall throw into water dedicating to god Varuna a fine equal to thirty times the unjust imposition; and this amount shall afterwards be distributed among the Bráhmans.

4.13.43

tena tat pūyate pāpaṃ rājño daṇḍāpacārajam /
śāstā hi varuṇo rājñāṃ mithyā vyācaratāṃ nṛṣu //E

By this act, the king will be free from the sin of unjust imposition; for king Varuna is the ruler of sinners among men.