History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.952.1

v4.c63.952.1

Sāhasa is divided by Nār. XVII. 3-6 and Bṛ. (S. B. E. 33 p. 363 verse 24) into three varieties, viz. the lowest (destruction, abuse and trampling of fruits, roots, water, agricultural implements), middling (destruction &c. of clothes, food and drink, household utensils), highest (killing with weapons or poison, violence to others' wives and whatever causes pain to sentient beings). These three kinds are respectively punished with the three kinds of punishments described above (pp. 393-94). The principal crimes included under sāhasa in its narrow sense are homicide, rape and robbery. Rape will be dealt with under *strīsaṅgrahaṇa*. Bṛ.⁹⁶⁷ states the general rule that one guilty of murder by violence should be punished with death and not with fines (S. B. E 33 p. 363 v. 29). To this the brāhmaṇa offender was an exception (Manu IX. 241), who was only to be banished. Manu IX. 242 introduces another exception viz. persons other than brāhmaṇas when guilty of the great sins (specified in IX. 235) through negligence should be only deprived of all their property but if they murder a man intentionally then only are they to be sentenced to death. Manu IX. 232 and Viṣṇu Dh. S. V. 9-11 provide the punishment of death for those who fabricate false royal edicts, or who tamper with the loyalty of the elements of the State or who kill women, children and brāhmaṇas. Baud. Dh. S. I. 10. 20-21, Bṛ.