History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.905.2

v4.c63.905.2

if he returns the abuse or assaults in return, the person who began the quarrel is to be dealt with more severely than the other. When two persons⁹³³ attack each other and there are no means for finding who began the quarrel equal punishment is to be awarded to both; but when two quarrel he who began the quarrel or he who persists longer than the other is to be fined more than the other party and lastly if men of the lowest⁹³⁴ castes such as *śvapāka*, *meda*, *cāṇḍāla*, hunters, elephant riders, vrātyas and dāsas (slaves) assault respectable men and ācāryas then they are to be punished (whipped) by good men then and there, but if such punishment is not possible, then the king should award corporal punishment (of various kinds according to the nature of the crime) and should not take fines from them, since they are the foulest among men and their wealth also is foul. Kāt. (783) and Bṛ. (S. B. E. 33 p. 359 verse 15) are to the same effect. The several smṛtis lay down various punishments for various kinds of assaults but no useful purpose will be served by going into details. Kāt.⁹³⁵ (786) provides that just as in abuse punishments depend on the castes of the abuser and the abused so also in assaults higher punishment is to be awarded if the attacker is of a lower caste than the person attacked or lower punishment if the person attacked is of a lower caste. Manu VIII.