Pranam

Chapter 227 - The code of criminal laws

*Puṣkara said**:*

1-8. I shall describe the criminal laws by (enforcing) which an elevated
position is attained by a king. You know that (the weight of) three barley
(grains) is (equal to) one berry seed. (The weight of) a black gram would
be that of five berries. O Rāma
<https://www.wisdomlib.org/definition/rama#purana>! It is said that sixty
berries (make up) a half of one *karṣa*
<https://www.wisdomlib.org/definition/karsha#hinduism> (weight). O Rāma! A
*suvarṇa* <https://www.wisdomlib.org/definition/suvarna#purana> (weight) is
said to be (equal to) sixteen black-grams. Four *suvarṇas*
<https://www.wisdomlib.org/definition/suvarna#purana> make up one *niṣka*
<https://www.wisdomlib.org/definition/nishka#purana> and ten *niṣkas*
<https://www.wisdomlib.org/definition/nishka#purana> one *dharaṇa*
<https://www.wisdomlib.org/definition/dharana#purana>. These are the
measures of weight (used) in (weighing) copper, silver and gold. O Rāma!
*Kārṣika* is said to be *kāṛṣāpaṇa* by coppersmiths well-versed (with the
same). Two hundred and fifty *paṇas*
<https://www.wisdomlib.org/definition/pana#purana> are remembered to be the
*sāhasa* <https://www.wisdomlib.org/definition/sahasa#purana> first. The
middle one is known to be (equal to) five (hundred *paṇas*) and the
foremost one as one thousand (*paṇas*). (These are the three kinds of
punishments). If a person tells ‘I have been robbed’, when he has not been
robbed by the thieves and is handed over to the king, such a person should
be punished by making to pay the same amount. One who tells differently or
falsely (about the exact amount robbed), both these should be levied double
the punishment by the king. The men belonging to the three castes (other
than brahmins <https://www.wisdomlib.org/definition/brahmin#history>) who
bear false witness should be levied punishment. A brahmin
<https://www.wisdomlib.org/definition/brahmin#history> (bearing false
witness) should be expelled. The above punishment has not been prescribed
(in that case). One who enjoys (a property) entrusted with him should be
levied a fine of equal value.

9-11. O Righteous one! (The same fine should be levied) in the case of
clothes etc. (being used similarly). One would not swerve from
righteousness by such an act. One who conceals the entrusted property and
one who asks for restoration of things without having entrusted the same
(to some one) should be punished like robbers or levied double the fine.
One who sells away another’s property unknowingly is free of fault. But
(one who sells another’s property) knowing (that it belongs to another)
deserves punishment as for a robber. One who receives the price for a work
and does not give goods, is indeed punishable.

12. The king should levy a fine of one *suvarṇa* for one who promises (to
give something) and does not give. One who accepts payment and does not do
the work should be levied a fine of eight *kṛṣṇalas*
<https://www.wisdomlib.org/definition/krishnala#hinduism>.

13-22. But (a master) dismissing a servant before (the end of) the term
should be punished with the same fine. One who has a remorse after buying
or selling something may return to its master or take from him within ten
days (as the case may be). Neither one can receive nor return after ten
days (in such a deal). Any person receiving or returning (such a property
after that) should be levied a fine of six hundred (*paṇas*) by the king.
One who solicits a girl for a bridegroom, should be levied a fine of two
hundred (*paṇas*) by the king whether the marriage has been done or not.
One who gives in marriage a girl who had already been married to another
should be punished by a king. The fine of *uttama*
<https://www.wisdomlib.org/definition/uttama#purana>* sāhasa* (one thousand
*paṇas*) (should be levied) in that case. One who enters into a solemn
agreement (with a person for sale) and sells it to another person out of
greed deserves to be punished with six hundred (*paṇas*). The keeper (of a
cow-shed) not restoring the cow (to the owner) after receiving the charges
for the upkeep should be punished by the king with one hundred (*paṇas*)
and a *suvarṇa* if not taken proper care (of the entrusted animal). Land to
the extent of one hundred *dhanus*
<https://www.wisdomlib.org/definition/dhanus#purana> (one *dhanu*
<https://www.wisdomlib.org/definition/dhanu#purana> is equal to four
cubits) should be set apart around the village and twice or thrice as much
around a city (for the grazing of the cows). It should be made in such a
way that a camel would not be able to look over (the encircling wall). When
the (stored) grains have not been enclosed and were lost there would be no
punishment. One who frightens (the owner) of a house, tank
<https://www.wisdomlib.org/definition/tank#history>, garden or land and
takes the same should be punished with five hundred (*paṇas*). (If it is
done) inadvertently the fine (would be) two hundred (*paṇas*). All those
who break the boundaries should be punished with the first *sāhasa*[1]
<https://www.wisdomlib.org/hinduism/book/the-agni-purana/d/doc1083456.html#note-e-178826>
.

23-25. O Rāma! A *kṣatriya*
<https://www.wisdomlib.org/definition/kshatriya#purana> censuring a brahmin
deserves to be punished with (a fine of) one hundred *paṇas*, a *vaiśya*
<https://www.wisdomlib.org/definition/vaishya#purana>, two hundred *paṇas* and
a *śūdra* <https://www.wisdomlib.org/definition/shudra#purana>, a capital
punishment. A brahmin having censured a *kṣatriya* should be punished with
(a fine of) fifty (*paṇas*), (having censured) a *vaiśya*, twenty-five (
*paṇas*) and (having censured) a *śūdra*, twelve (*paṇas*). A *vaiśya* (having
eensured) a *kṣatriya* should get (punishment to pay) the first (class of)
*sāhasa*. A *śūdra* having censured a *kṣatriya* should be getting (the
punishment of) severing the tongue.

26-27. A *śūdra* giving moral instruction to brahmins is liable for
punishment. One who preaches falsely the doctrines of scriptures should be
levied (a fine of) twice the *sāhasa*. One who insults men of respect
should be (meted the punishment of) *uttama sāhasa*. But the above
described punishments should be half if the crimes have been done
inadvertently or for fun.

28. One who accuses his mother or father or elder brother or father-in-law
or the preceptor should be levied a fine of one hundred (*paṇas*). (The
same punishment should be levied) for obstructing the pathway of the
preceptor.

29. One of a lower caste should without enquiry be severed of the organ by
which he had done harm to a member of the (three) higher castes.

30-31. The king should cause the lips to be cut off if a person spits on
the ground with pride. Similarly, one passing urine or faeces on the body
(of a brahmin) (should be punished by cutting the) penis and the anus
respectively. If a member of a low caste had occupied the seat of a member
of a higher caste, his lower organ (buttocks) should be cut. One who causes
injury to any organ of another (should be punished by cutting the same
organ (of the offender).

32. The killers of a cow, elephant, horse or camel should have their legs
and hands <https://www.wisdomlib.org/definition/hand#hinduism> cut off. One
who would make a tree barren deserves the fine of a *suvarṇa*.

33-36. When the pathway or a boundary or the tank has been cut (by a person
he) should be levied double the (above) fine. One who either wilfully or
unintentionally takes away the articles of another should restore it to him
to satisfy him and pay the fine to the king. One who steals the rope or the
pot from the well and damages the channel should be punished for a month
(with imprisonment). One should be punished (similarly) if he beats an
animal. The punishment for stealing ten pitchers full of paddy is more than
death. The punishment (for stealing) more than that (quantity) would be
eleven times (the former). Capital punishment (should be ordered for
stealing) gold, silver etc. (and for kidnapping) men and women.

37. The organ with which one would steal from others should be removed by
the king for the sake of discipline.

38-39. A brahmin taking little (quantity of) vegetables and grains etc.
(for his use without the knowledge of the owner) would not be a criminal.
(Similarly) in the case of taking for the cows or gods (one would not be a
criminal). One who attempts to kill another, should be killed.

40. One who seizes the house or field (belonging to another,) one who
copulates with another’s wife, one who is an incendiary and one who
administers poison should be killed. So also in the case of one who attacks
with a drawn weapon.

41-42. A king should kill those who cause the death of cattle by magic
spells. One should not converse with another’s wife and should never
copulate with a forbidden (woman). A girl choosing her husband herself
should not be punished by the king. A man of the lower caste holding incest
with a woman of the higher caste deserves to be killed. The woman who
breaks her faith in the husband, should be made to be bitten by dogs. A
woman defiled by a man of her own caste should be made to live on a morsel
of food (a day).

43-4 7. A woman defiled by one of the superior (caste) should have her head
shaved. A brahmin copulating with a *vaiśya* woman and a *kṣatriya* going
to a woman of the low caste (should be fined) with the first (variety of
fine). A *kṣatriya* and a *vaiśya* are punishable for going to a *śūdra* woman.
If a courtesan after having received a contract, goes to another on account
of greed, she should pay (the first one), twice the contracted amount and
(pay) twice the amount as fine. One’s wife, sons, servants, pupil and
brother having done an offence should be beaten with a rope or with a piece
of bamboo A thief should be struck on the back but not on the forehead. One
would acquire sin (by doing so) (by striking on the forehead). The officers
in charge of protecting the people seizing very much should be banished
(from the kingdom) after having seized all their (property).

48. Those who have been employed to do certain work if do not do the work
of their employers, the king should make those shameless, cruel-minded to
be penniless.

49. Likewise the king should banish the minister or justice after having
taken the entire (property) for doing the work of another (king).

50. If one violates the bed of the preceptor, (mark of) female generative
organ should be made (on the forehead), a pot of wine in case of drinking
of wine, a dog in case of stealing and the head of a person in the case of
killing a brahmin.

51. The king should kill (criminals belonging to) *śūdra* and other
(communities) and banish the brahmin sinners. The wealth belonging to great
sinners should be offered to (god) Varuṇa
<https://www.wisdomlib.org/definition/varuna#purana> (God of righteousness).

52. (A king) should kill all those who offer shelter, food and wealth to
thieves in the villages also.

53-54. The feudatory chiefs and the governors of provinces in the kingdom
who are sinful should be killed. The king should place on the pike after
having cut the arms of those thieves who commit theft in the night after
having agreed (to show good conduct). The king should kill those who break
tanks <https://www.wisdomlib.org/definition/tank#history> and temples.

55. One should be levied (a fine of) a *kārṣāpaṇa*
<https://www.wisdomlib.org/definition/karshapana#purana> for having
committed nuisance on the thoroughfare when there was no adversity and be
made to clean the impurity.

56-59. One who breaks his contract every month should pay (a fine of) five
hundred (*paṇas*) to the party concerned (Merchants), dealing fraudulently
with honest men in respect of the price (of a commodity), should be
punished with the first or the middle (kind of) fine. The king should
confiscate all goods from the obstructing merchants by (paying) small sum
and punish them with the *uttama* (variety of) *sāhasa* separately. One who
adulterates the materials and who sells imitationarticles should be given
the middle (kind of) punishment. One who makes contraband goods (should be
made to pay) *uttama* (*sāhasa*). One who insults in a quarrel should be
given the punishment of twice that (amount).

60-64. A fine of *kṛṣṇala*
<https://www.wisdomlib.org/definition/krishnala#hinduism>[2]
<https://www.wisdomlib.org/hinduism/book/the-agni-purana/d/doc1083456.html#note-e-178827>
(should
be collected) from a brahmin or a *śūdra* who eats the forbidden food. One
who makes false balance and weight and those who make use of these should
be levied the *uttama* (kind) of fine. The women who administers poison to
her husband or preceptor, or a brahmin and children or sets fire to the
house should be banished (from the country) with cows after having cut her
ears, hands and nose. Those men who damage a land or house or village or
forest and one who seduces the wife of the king should be burnt with the
fire from the cremation ground. One who copies the royal edict omitting or
adding (some sentences) and one who sets free an adulterer and a thief
should be punished with the *uttama* (*sāhasa*) fine. The punishment for
one who ascends the vehicle or the seat of the king is the *uttama sāhasa*.

65-66. If one thinks that he has not been defeated even though he has duly
been defeated, (the king) should defeat him again and inflict double-fold
punishment. One who summons a person that had not done any crime should be
put to death. If an accused person escapes from the custody of the punisher
on account of the latter’s carelessness, that punisher should pay the fine.

KR IRS 26222

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