Hindu Law and Custom (Recht und Sitte) c9.81

c9.81

Injuries done by a Śūdra to a man of a higher caste is punished with particular severity; thus if a Śūdra reviles a virtuous Aryan his tongue shall be cut off; if he reviles the name or the caste (of a twice-born) a piece of red-hot iron ten fingers in length shall be forced into his mouth or if he dares to learn Vedic texts by heart his body will be cut in twain (Āp. 2, 27, 14; M. 8, 172; Gaut. 12, 6 etc.). In general the insulter or the assailant of low caste loses the particular limb with which he insults or assails a member of a higher caste (Vi. 5, 19 etc.); thus if he sits on the same seat with a high caste man his backside shall be brandmarked; if he spits on him his lips shall be cut off. In such cases the assailed person may also take the law into his own hands by whipping the assailant on the spot, for by extorting a fine from such unholy persons the king himself will only be defiled (Nār. 15, 11-14). In injuring an equal only a fine, small or big, has to be paid according as only the skin has been scratched or if blood too has flowed or if a bone has been broken or if both the eyes have been knocked out, etc. (Vi. 5, 66-72 etc.); the fines for insulting an equal is still more insignificant. When two persons have insulted each other he who began is the criminal (Nār. 15, 9). In the case of injury to property as a rule a fine has to be paid (Nār. 14, 4f.). About paying compensation see § 32.