Theory of Government in Ancient India (Post-Vedic) c8.s1.25

c8.s1.25

It does not lie within the scope of this work to treat of civil and criminal law. But to illustrate Kautalya's treatment of the subject, a word may be said on the law of assault. The offence was divided into touching, striking, and hurting; again, as due to carelessness, intoxication, or loss of senses; and once again, as consisting of catching hold of a man by the legs, clothes, hands, hair, squeezing with the arms, thrusting, dragging, or sitting over the person or knocking him down. It was a crime to use witchcraft to harm others. A man who poisoned another, or a woman who murdered a man, should be drowned. The murder of a father, mother, son, brother, teacher, or ascetic, should be avenged by burning the head and skin of the murderer. To bite a limb of these persons was to lose one's own corresponding limb. In some cases, an insult to them was to be punished by the tongue being torn out. A woman who murdered her husband, preceptor or offspring, or poisoned a man, or cut off his joints, or set fire to another's property, should be torn by bulls. Torture was eliminated from the death sentence if the offender had employed none.¹