The Cambridge History of India, Vol. I: Ancient India v1.c21.67

v1.c21.67

In criminal law, only Āpastamba recognises the application of ordeals (*Dh.S.*, II, 11, 3; cf. 29, 6). The ordeals, here merely referred to, consist in the application of fire, water, etc., according to the later law-books (*v. inf.* p. 282 ff.), but are not defined in the Sūtras. Assaults, adultery, and theft are the chief subjects discussed in the Sūtras under this head. The fines of the later law are generally represented here by banishment or corporal injury. Most of the regulations are dominated by caste-feeling. A Çūdra who commits homicide or theft or steals land has his property confiscated and suffers capital punishment (Āp., *Dh.S.*, II, 27, 16); but a Brāhman priest for such crimes shall be blinded (*ibid.* 17). A Kshatriya (warrior) who abuses a Brāhmaṇa (priest) is fined one hundred (coins); a Vaiçya (farmer) must pay half as much again for the same offence; but if a Brāhman abuses a Kshatriya he pays only fifty coins (*kārshāpaṇas*), and only twenty-five if he abuses a Vaiçya, while if he abuses a Çūdra he pays nothing (Gaut., XII, 8 f.), etc. The same caste-interest works outside of criminal law.