History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.964

v4.c63.964

The Mit. (on Yāj. II. ⁹⁷⁶ 283) states that *saṅgrahaṇa* means the unlawful coming together of a man and a woman for sexual enjoyment. Bṛ. (S. B. E. 33 p. 365 verses 1–2) says that sinful⁹⁷⁷ *saṅgrahaṇa* is of three kinds, viz. brought about by force, deceit or sensual passion. The first (which is rape) occurs when intercourse is had in a secluded place against the will of a woman, or with a woman who is intoxicated or is disordered in mind or is under a mistake or when she raises a cry; the second occurs when a woman is brought to one's house by some trick or pretence, an intoxicant (such as *Dhatūrā*) is administered to her or her mind is brought under control (by chants or otherwise) and sexual intercourse takes place; the third occurs when intercourse takes place by conveying (passion) to each other by means of the eyes (glances) or by employing a go-between and when the parties are drawn to each other by the temptation of beauty or of wealth. This last is again of three kinds acc. to Vyāsa and Bṛ. (S. B. E. 33 p. 365-66 verses 6–8 q. by Sm. C. II. p. 8) viz. trifling, middling and grave. The first is characterised by winking at a woman, smiling at her, sending a go-between, touching her ornaments or clothes; the second by the sending of flowers, unguents, fruits, incense, food, clothes, and indulging in private talks; the third is characterised by lying on the same bed, dalliance, kissing and embraces. Strīsaṅgrahaṇa by force (that is rape) is really included under *sāhasa*,⁹⁷⁸ as stated by the Madanaratna, the V. P. pp. 396-397 and others. The punishments for rape were very heavy. Bṛ. (S. B. E.⁹⁷⁹ 33 p. 366 verse 10) states that if a man commits rape on a woman of the same caste, he was to forfeit all his property, to have his penis and testicles cut out and was to be paraded on the back of an ass, that if the woman raped was of a lower caste, then half of this punishment was to be awarded and if she was of a higher caste, he was to be sentenced to death together with confiscation of all property. Kāt. (830) prescribes that when⁹⁸⁰ a man has forcibly had sexual intercourse with a woman capital punishment is to be inflicted inasmuch as it is a violation of (proper) conduct. When sexual intercourse was had by deceit the man was punished with confiscation of all property, with branding on the forehead of the sign of the female private parts and banishment from the town (Bṛ. in S. B. E. 33 p. 366 verse⁹⁸¹ 11). Here also the rule of Bṛ. cited above (about the reduction of sentence according to the caste of the woman concerned) applies. In the case of rape and sexual intercourse by deceit the woman was not at all punished⁹⁸² but she had to undergo a penance (prāyaścitta) of *kṛcchra* or *parāka* for contact with a male other than her husband and till she performed the prāyaścitta she was to be kept well-guarded in the house, was to remain dirty (i. e.