Hindu Law and Custom (Recht und Sitte) c9.71

c9.71

The caste of the thief and the person whose property has been stolen likewise come into consideration in determining the punishment¹. Thus the Brahman remains unpunished if he takes away the property of his Śudra slave (M. 8, 417) or if, when on journey, he takes two stalks of sugarcane and two eatable roots out of a field (M. 8, 341; Nār. 18, 39). On the other hand stealing gold which belongs to a Brahman is punished by death. However, on the other hand the responsibility and culpability for an act of theft is heavier as the thief is of higher position and intelligence (M. 8, 337 f.; Gaut. 12, 15-17; Nār. App. 51 f.). For cheating mostly fines are prescribed varying according to the amount of the damage done (Brh. 22, 13 f. etc.).