History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.439

v4.c63.439

The defeated party has to pay a fine to the king and the successful party was complimented (or honoured) by the king (or chief justice) and was to be put in possession of the matter that he succeeded in proving⁶⁰¹. Manu VIII. 51 prescribes that in monetary matters (i. e. in civil disputes) the defeated party should be made by the king to pay the judgment debt to the successful party and also some fine to the king according to his ability, while Manu VIII. 139 lays down that when the defendant admits in the court his liability he has to pay to the king five per cent as fine and if the defendant denied his liability altogether and was proved to be false he had to pay as fine double of that (i. e. ten per cent). This is analogous to court fee, for which see above pp. 294-295. If one or both parties had laid down a stake or wager (viz. 'if I be defeated in this suit I shall pay a hundred paṇas') then he had to pay that stake to the king and a fine as above and the subject of dispute to the successful party (Yāj. II. 18 and Nār. II. 5)⁶⁰²; compare Viṣṇu Dh. S. V. 153-159 for similar rules. The punishments awarded in criminal matters will be discussed immediately below.