History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.982

v4.c63.982

The punishment for saṅgrahaṇa (rape and adultery) varied according to the caste of the man and the woman, according as the woman was married or unmarried and according as she was guarded (*guptā*) or unguarded. Vide Gaut. XII. 2, Vas. XXI. 1-5, Manu VIII. 359, Viṣṇu Dh. S. V. 41, Yāj. II. 286, 294, Nār. XV. 70 (as to higher or lower caste of offender), Gaut. XII. 3, Manu VIII. 374-378, 382-385, Kauṭ. IV. 13 (about offence against guarded or unguarded woman), Manu VIII. 364-370, Yāj. II. 285, 287, Kauṭ. IV. 12, Nār. XV. 71-72 (about maidens). Further the ancient sūtras and smṛtis prescribe more severe sentences than later smṛtis. Details of these matters are passed over here for want of space and as being now of academic interest only. But some examples may be noted. Gaut. XXIII. 14-15 and Manu VIII. 371 prescribe for an adulteress death by being devoured by dogs, but Yāj II. 286 softened the rigour of this. Āp. Dh. S. (II. 10. 26. 20-21) prescribed the penalty of cutting the penis and testicles for the male if guilty of adultery with a married woman, but only confiscation of all property if he committed adultery with an unmarried woman. But Yāj. II. 288, Manu VIII. 366, Nār. XV. 72 went so far as to say that if a man had sexual intercourse with a maiden (of the same caste) who encouraged his advances, then there is no offence punishable by the king, but he was to bestow ornaments on her, honour her and must marry her.