Hindu Law and Custom (Recht und Sitte) c8.162

c8.162

The cowherd will have to compensate for any injury that may occur to the cattle during that time excepting when he can prove that he had not slackened necessary attention for the cattle, for instance if he had defended his herd as best as he could against the attack of wolves or cried for help in the case of an attack by robbers. For damages to fields done by the herd he suffers punishments varying according to the amount of the damage and his own guilt but the duty of compensation in this case falls upon his employer; yet however there are cases in which both of them are allowed immunity from punishment, e. g. if the field is without fence or if the cowherd was ill or if any accident had befallen him, if the cow had calfed very recently or if the cow was unusually obstinate (Gaut. 12, 18—26; Y. 2, 159—165; Vi. 5, 137—150; M. 8, 229—244; Nār. 6, 10—17; 11, 28—41 etc.). There is a difference of opinion