History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.905.1

v4.c63.905.1

*Daṇḍapāruṣya* (assault). Kauṭ. III. 19 begins his treatment of this topic by saying that it comprises touching, threatening to strike and actually striking another⁹³¹. Nār. XVIII. 4 defines it as injuring the limbs of another with the hand, foot, weapon or other means (such as stones) or defiling or causing pain by (bringing) ashes and similar substances in contact with another. The Mit. on Yāj. II. 212 explains that even causing injury to animals and trees would fall under this title. Nār. XVIII. 5-6 provide that assault may be of three kinds viz. mild, middling and highly punishable according as a person merely makes preparations to assault or attacks without any qualm or causes a wound and that this crime can further be divided into three kinds according as the object attacked is low in value or middling or high. A verse from the Pariśiṣṭa (quoted by Sm. C. II. p. 327 and V. P. p. 370) states 'whoever causes pain or draws blood, wounds, breaks, cuts off, pierces (the limbs or bodies) of living beings is guilty of daṇḍapāruṣya'. According to Bṛ. (S. B. E. vol. 33 p. 357 verse 1) *daṇḍapāruṣya*⁹³² consists in striking (a person) with the hand, with a stone, a club, ashes, mud, dust or a weapon. The Mit. on Yāj. II. 212 following Nār. XVIII. 7-12 lays down certain propositions about both abuse and assault. A person who does not return abuse or does not assault when abused or assaulted, deserves to be commended;