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The Political Institutions and Theories of the Hindus: A Study in Comparative Politics c10.s3.t6: 6. Code Kautilya

The Political Institutions and Theories of the Hindus: A Study in Comparative Politics c10.s3.t6

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6. Code Kautilya

c10.s3.t6.1

We are on more solid ground in regard to the legislation of Asoka's grandfather, Chandra-gupta,³ the founder of the Maurya House. Megasthenes (B. C. 302) was an eye-witness to the law about the license-tax paid by merchants and the tithes on sales. A person convicted of bearing false witness suffered mutilation of his extremities. He who maimed any one not only suffered in return the loss of the same limb but his hand also was cut off. If he caused an artisan to lose his hand or eye, he was put to death.⁴ The *Artha-śâstra* corroborates all these statements of the Greek. Laws of foreign trade regulating the customs duties are given in Kautilya's treatise.⁵ It describes also the laws relating to the sale of lands, escheat, the royalty from mines, and the terms on which salt, a government monopoly, could be manufactured by private capitalists.

c10.s3.t6.2

³ *Vide* "The Law of Contract" in Law's *Hind. Pol.*, and Shamasastry's article on "Land and Revenue Policy" in the *Ind. Ant.*, 1905.

c10.s3.t6.3

⁴ Meg. XXVII in Mc Crindle's *Anc. Ind.*, p. 71.

c10.s3.t6.4

⁵ II, xxii, xxxv, xxxvi.

c10.s3.t6.5

All violations of harbor regulations⁶ were severely punished by the *nâvadhyakṣa* or superintendent of ships (port commissioner). The ships of pirates were doomed to destruction, as well as those bound for the enemy’s country. The legislation required the arrest of suspected persons, e. g. those having a perturbed appearance, those travelling without baggage, and those pretending to be suffering from disease. And the commodities of persons travelling without a pass as also of those who with a heavy load forded a river at an unusual place and time were liable to confiscation at the discretion of the harbor or port officials.

c10.s3.t6.6

⁶ *Ind. Ship.*, pp. 106, 107, 109, 111.

c10.s3.t6.7

The violation of fiscal laws was generally punished with confiscation or fine. The evasion of the tax on sales was a capital offence. The punishment for false statements to census officers about age, income, expenditure, etc. might extend even to death. Offenders against sanitary and other municipal laws were punished with fines which ranged from ¹/₈th of a *paṇa*, i. e. about 3 cents to 3000 *paṇas* ($ 750).¹

c10.s3.t6.8

¹ *Ind. Ant.* 1905, pp. 52, 59.

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