History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c62.299
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c62.299
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A dūta is to be distinguished from a *cara* or *cāra* (spy), as done by Kauṭ., Kām. XII. 32, Yāj. I. 328. Kām. XII. 32 says that a dūta is an open (*prakāśa*) spy, while a *cara* is a spy who works in secret. In modern times also 'an ambassador is often nothing more than an honourable spy acting under the protection of the law of nations' (Encyclopædia Britannica on 'espionage'). Kauṭ. devotes four chapters to spies (I. 11-14) and Kām. (XII. 25-49) also deals at great length with them. The Śukranītisāra (I. 334-336) states that the king should learn every day at night from his secret spies the intentions and actions of his subjects and officers, and the opinions of ministers, enemies, soldiers, the members of the assembly, relations and the women in the harem. The *cara* must, according to Kām. XII. 25, possess ability to infer the inner thoughts (of men), must have a good memory, must be soft in speech, have quick gait, be capable of enduring privations and heavy labour, swift in action, ready-witted. Kauṭ. (I.
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11) says¹⁷¹ that spies are those who work in the guise of a *kāpaṭika* (a bold pupil capable of knowing the minds of others), *udāsthita* (a sham ascetic, who has fallen from the real duties of asceticism and is endowed with intelligence and pure character), *gṛhapatika* (a householder who is a cultivator that has not the means to maintain himself, has intelligence and is of pure character), a *vaidehaka* (a trader who cannot maintain himself by trade and is possessed of intelligence and pure character), a *tāpasa* (a spy practising austerities, who has either shaved his head or has matted hair and is desirous to maintain himself), a class-mate or colleague (*sattrin*), a desperate character (*tīkṣṇa*), a poisoner and a female mendicant. The first five of these are called by Kauṭilya five *saṁsthās* (groups or institutions), which should be honoured by the king with awards of money and marks of respect and through which the king is to test the purity of the character of his servants. Kauṭilya says that the spy called *udāsthita* should carry on agriculture, cattle-rearing and trade on land set apart for the purpose, should be supplied with plenty of gold and disciples and should afford to all (sham) ascetics food, clothing and lodging, direct them to detect particular crimes and report. The spy called *tāpasa* was to stay near the capital, to have many pupils, to pretend to eat once in a month or two only a handful of vegetables or grass and eat secretly his favourite dishes.
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His disciples were to proclaim that he possessed supernatural powers, he should pretend to make predictions about gain or fires or fear from robbers after ascertaining from his pupils by nods and signs such events. In I. 12 Kauṭ. deals with wandering spies (called *sañcara*) viz. *sattrins* (who are orphans that are to be maintained by the State and that are taught palmistry, sorcery, tricks of legerdemain &c.), *tīkṣṇa* (desperadoes who, regardless of their lives, may fight elephants for money), *rasada* (who have no affection even for their relatives, are indolent and cruel), *bhikṣukī* or *parivrājikā* (a poor brāhmaṇa widow, clever and desirous to earn her livelihood, honoured in the king's harem and visiting the families of mahāmātras or high ministers). These are to spy on the 18 *tīrthas* (mentioned on p. 112 above) in public. For spying on their private character persons pretending to be hump-backed, dwarfs, kirātas (pigmies), the deaf and dumb, idiots, the blind, and others that are actors, dancers, singers and the like and women are to be employed. This information is to be tested by the persons belonging to the five saṁsthās (mentioned above on p. 129), but these are to act without their being known by the wandering spies and *vice versa*. Then further testing by other spies follows.
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When the information received from these three sources tallies then it will be held reliable: if the information frequently disagrees, the spies should be secretly punished or discharged. A similar rule about sending several spies on the same mission without their knowing each other is laid down by Viṣṇudharmottara II. 24. 66-67. Kauṭ. in I. 13 deals with espionage on subjects in general (i. e. those in the capital and other parts of the country). Spies are to pretend to take sides, some praising the king as possessed of all good qualities, others qualifying that praise. They were also to report the rumours spreading among the people, to report whether there was discontent and the king was to honour those who were reported to be contented and to bring round the discontented by conciliation, gifts, sowing dissensions among them or by punishing them. In. I. 14 Kauṭilya deals with the employment of spies for taking advantage of parties in a foreign State i. e. groups of persons angry with the foreign king or afraid of him or of persons who are ambitious or proud, who are to be won over by appropriate words and *stimuli*. It will be seen how there was a network of spies of all kinds, so much so that Kām. XII. 28 declares that spies are the king's eyes (*cāracakṣur mahīpatiḥ*). The Viṣṇudharmottara II. 24. 63 says the same ('*rājānaś-cāracakṣuṣaḥ*') and also Udyoga 34. 34 '*cāraiḥ paśyanti rājānaḥ*'. In IV.
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4-6 Kauṭilya dilates¹⁷² upon the employment by the samāhartṛ (Collector) of a host of spies for suppressing those who are thorns (or disturbers of peace), these being employed for detecting judges (dharmastha) and superintendents of various departments that take bribes, counterfeiters of coins, adulterers, thieves and robbers and other criminals. Kauṭilya relies in extreme cases on spies even in the decision of judicial matters. He says (III. 1 last verse) 'when owing to the depositions of witnesses the plaintiff's case and the defendant's case are both destroyed, when the cause of either of the parties is found through the spies to be false, then the decree shall be passed against that party'.¹⁷³ In Droṇaparva 75. 4 it is said that Kṛṣṇa had his spies in the army of Duryodhana and *vice versa* (74. 1). Śānti 69. 8-12 and 140. 39-42 mention the places where spies are to be set¹⁷⁴ up and emphasizes that they should not know each other. One need not feel surprised at the machinery of espionage that Kauṭilya so elaborately describes. All governments in modern times employ spies, informers and secret agents to keep themselves informed of the activities, views and resources of their opponents. We know also how the Indian Police, in order to catch offenders against the Prevention of Gambling Act or other similar Acts, employ agents with marked coins or notes and draw in their net unsuspecting people.