[Thus ends Chapter XVI, "Resumption of gifts, sale without ownership, and ownership" in Book III, "Concerning Law" of the Arthasdstra of Kautilya. End of the seventy-third chapter from the beginning.]
CHAPTER XVII. ROBBERY.
SUDDEN and direct seizure (of person or property) is termed sdhasa; fraudulent or indirect seizure (niranvaye 'pavyayanecha) is theft.
The school of Manu hold that the fine for the direct seizure of precious stones and superior or inferior raw materials shall be equal to their value. It is equal to twice the value of the articles according to the followers of Usanas.
But Kautilya holds that it shall be proportional to the gravity of the crime.
Kautilya's Arthashastra In the case of such articles of small value as flowers, fruits, vegetables, roots, turnips, cooked rice, skins, bamboo, and pots (earthenware) the fine shall range from 12 to 24 papas; for articles of great value such as iron (kdldyasa), wood, roping materials, and herds of minor quadrupeds, the fine shall range from 24 to 48 panas; and for such articles of still greater value as copper, brass, bronze, glass, ivory and vessels, etc., it shall range from 48 to 96 panas. This fine is termed the first amercement.
For the seizure of such as big quadrupeds, men, fields, houses, gold, gold-coins, fine fabrics, etc., the fine shall range from 200 to 500 panas, which is termed the middle-most amercement.
My preceptor holds that keeping or causing to keep by force either men or women in prison, or releasing them by force from imprisonment, shall be punished with fines ranging from 500 to 1,000 panas. This fine is termed the highest amercement.
He who causes another to commit sdhasa after the plans prepared by himself shall be fined twice the value (of the person or property seized). An abettor who employs a hireling to comit sdhasa by promising 'I shall pay thee as much gold as thou makest use of,' shall be fined four times the value.
The school of Brihaspati are of opinion that if with the promise T will pay thee this amount of gold,' an abettor causes another to commit sdhasa, the former shall be compelled to pay the promised amount of gold and a fine. But Kautilya holds that if an abettor extenuates his crime by pleading anger, intoxication or loss of sense (moham), he shall be punished as described above.
* In all kinds of fines below a hundred panas, the king shall take in addition to the fine 8 per cent more as rupa and in fines above hundred, five per cent more; these two kinds of exaction, are Kautilya's Arthashastra just inasmuch as the people are full of sins on the one hand, and kings are naturally misguided on the other.
[Thus ends Chapter XVII, "Robbery" in Book III, "Concerning Law" of the Arthasdstra of Kautilya. End of the seventy-fourth chapter from the beginning.]
CHAPTER XVIII. DEFAMATION.
CALUMNY, contemptuous talk, or intimidation constitutes defamation.
Among abusive expressions relating to the body, habits, learning, occupation, or nationalities, that of calling a deformed man by his right name such as 'the blind', 'the lame', etc. shall be punished with a fine of 3 panas; and by false name 6 panas. If the blind, the lame, etc., are insulted with such ironical expressions as 'a man of beautiful eyes', 'a man of beautiful teeth', etc. the fine shall be 12 panas. Likewise when a person is taunted for leprosy, lunacy, impotency and the like. Abusive expressions in general, no matter whether true, false, or reverse with reference to the abused, shall be punished with fines ranging above 12 panas, in the case of persons of equal rank.
If persons abused happen to be of superior rank, the amount of the fines shall be doubled; if of lower rank, it shall be halved. For calumniating the wives of others, the amount of the fines shall be doubled.
If abuse is due to carelessness, intoxication, or loss of sense, etc., the fines shall be halved.
As to the reality of leprosy and lunacy, physicians or Kautilya's Arthashastra neighbours shall be authorities.
As to the reality of impotency, women, the scum of urine, or the low specific gravity of faeces in water (the sinking of faeces in water) shall furnish the necessary evidence.
(Speaking ill of habits.)
If among Brdhmans, Kshatriyas, Vaisyas, Sudras, and outcastes (antdvasdyins), any one of a lower caste abuses the habits of one of a higher caste, the fines imposed shall increase from 3 panas upwards (commencing from the lowest caste). If any one of a higher caste abuses one of a lower caste, fines imposed shall decrease from 2 panas.
Contemptuous expressions such as 'a bad Brahman' shall also be punished as above.
The same rules shall apply to calumnies regarding learning (sruta), the profession of buffoons (vdgjivana), artisans, or musicians, and relating to nationalities such as Prdjjunaka, Gdndhdra, etc.
(Intimidation.)
If a person intimidates another by using such expressions as 'I shall render thee thus', the bravado shall be punished with half as much fine as will be levied on him who actually does so.
If a person, being unable to carry his threat into effect, pleads provocation, intoxication, or loss of sense as his excuse, he shall be fined 12 panas.
If a person capable to do harm and under the influence of Kautilya's Arthashastra enmity intimidates another, he shall be compelled to give life-long security for the well-being of the intimidated.
* Defamation of one's own nation or village shall be punished with the first amercement; that of one's own caste or assembly with the middlemost; and that of gods or temples (chaitya) with the highest amercement.
[Thus ends Chapter XVIII, "Defamtion" in Book III, "Concerning Law" of the Arthasdstra of Kautilya. End of the seventy-fifth chapter from the beginning.]
CHAPTER XIX. ASSAULT.
TOUCHING, striking, or hurting constitutes assault.
When a person touches with hand, mud, ashes or dust the body of another person below the naval, he shall be punished with a fine of 3 panas; with some but unclean things, with the leg, or spittle, 6 panas; with saliva (Chhardi), urine, faeces, etc. 12 panas. If the same offence is committed above the navel, the fines shall be doubled; and on the head, quadrupled.
If the same offence is committed on persons of superior rank, the fines shall be twice as much: and on persons of lower rank, half of the above fines. If the same offence is committed on the women of others, the fines shall be doubled.
If the offence is due to carelessness, intoxication, or loss of sense, the fines shall be halved.
For catching hold of a man by his legs, clothes, hands or hair, Kautilya's Arthashastra fines ranging above 6 panas shall be imposed. Squeezing, rounding with arms, thrusting, dragging, or sitting over the body of another person shall be punished with the first amercement.
Running away after making a person fall, shall be punished with half of the above fines.
That limb of a Sudra with which he strikes a Brahman shall be cut off.
(Striking.)
For striking compensation is to be paid and half of the fines levied for touching. This rule shall also apply to Chandalas and other profane persons (committing the same offence). Striking with the hand, shall be punished with fines below 3 panas, with the leg twice as much as the above fine; and striking with an instrument so as to cause swellings shall be punished with the first amercement; and striking so as to endanger life shall be punished with the middle-most amercement.
(Hurting.)
Causing a bloodless wound with a stick, mud, a stone, an iron bar, or a rope shall be punished with a fine of 24 panas. Causing the blood to gush out excepting bad or diseased blood shall be punished with double the fine.
Beating a person almost to death, though without causing blood, breaking the hands, legs, or teeth, tearing off the ear or the nose, or breaking open the flesh of a person except in ulcers or boils shall be punished with the first amercement. Causing hurt in the thigh or the neck, wounding the eye, or hurting so as to impede eating, speaking, or any other bodily movements shall not only be punished with the middlemost amercement, but also be made liable Kautilya's Arthashastra to the payment (to the sufferer) of such compensation as is necessary to cure him.
If time or place does not permit the immediate arrest of an offender, he shall be dealt with as described in Book IV, treating of the measures to suppress the wicked.
Each one of a confederacy of persons who have inflicted hurt on another person shall be punished with double the usual fine.
My preceptor holds that quarrels or assaults of a remote date shall not be complained of.
But Kautilya holds that there shall be no acquittal for an offender.
My preceptor thinks that he who is the first to complain of a quarrel wins inasmuch as it is pain that drives one to law.
But Kautilya objects to it; for whether a complaint is lodged first or last, it is the evidence of witnesses that must be depended upon. In the absence of witnesses, the nature of the hurt and other circumstances connected with the quarrel in question shall be evidences. Sentence of punishment shall be passed the very day that a defendant accused of assault fails to answer the charge made against him.
(Robbery in quarrels.)
A person stealing anything under the tumult of a quarrel shall be fined 10 panas. Destruction of articles of small value shall be punished with a fine equal to the value of the articles besides the payment (to the sufferer) of an adequate compensation. Destruction of big things with a compensation equal to the value of Kautilya's Arthashastra the articles and a fine equal to twice the value. In the case of destruction of such things as clothes, gold, gold-coins, and vessels or merchandise, the first amercement together with the value of the articles shall be levied.
Causing damage to a wall of another man's house by knocking shall be fined 3 panas; breaking open or demolishing the same shall be fined 6 panas, besides the restoration of the wall.
Throwing harmful things inside the house of a man shall be fined 12 panas; and throwing such things as endanger the lives of the inmates shall be punished with the first amercement.
For causing pain with sticks, etc., to minor quadrupeds one or two panas shall be levied; and for causing blood to the same, the fine shall be doubled. In the case of large quadrupeds, not only double the above fines, but also an adequate compensation necessary to cure the beasts shall be levied.
For cutting off the tender sprouts of fruit-trees, flower- trees or shady trees in the parks near a city, a fine of 6 panas shall be imposed; for cutting off the minor branches of the same trees, 12 panas; and for cutting off the big branches, 24 panas shall be levied. Cutting off the trunks of the same shall be punished with the first amercement; and felling the same shall be punished with the middle-most amercement.
In the case of plants which bear flowers, fruits, or provide shade, half of the above fines shall be levied.
The same fines shall be levied in the case of trees that have grown in places of pilgrimage, forests of hermits, or cremation or burial grounds.
* For similar offences committed in connection with the trees Kautilya's Arthashastra which mark boundaries, or which are worshipped or observed (chaityeshvdlakshiteshucha,) or trees which are grown in the king's forests, double the above fines shall be levied.
[Thus ends Chapter XIX, "Assault" in Book III, "Concerning law" of the Arthasdstra of Kautilya. End of the seventy-sixth chapter from the beginning.]
CHAPTER XX. GAMBLING AND BETTING AND MISCELLANEOUS OFFENCES.
WITH a view to find out spies or thieves, the Superintendent of gambling shall, under the penalty of a fine of Ylpanas if played elsewhere, centralise gambling.
My preceptor is of opinion that in complaints regarding gambling, the winner shall be punished with the first amercement and the vanquished with the middle-most amercement; for though not skillful enough to win as ardently desired by him, the vanquished fellow does not tolerate his defeat.
But Kautilya objects to it: for if the punishment for the vanquished were to be doubled, none would complain to the king. Yet gamblers are naturally false players.
The Superintendents of gambling shall, therefore, be honest and supply dice at the rate of a kdkani of hire per pair. Substitution by tricks of hand of dice other than thus supplied shall be punished with a fine of 12 panas. A false player shall not only be punished with the first amercement and fines leviable for theft and deceipt, but also be made to forfeit the stakes he has won.
Kautilya's Arthashastra The Superintendent shall take not only 5 per cent of the stakes won by every winner, and the hire payable for supplying dice and other accessories of diceplay, but also the fee chargeable for supplying water and accommodation, besides the charge for license.
He can at the same time carry on the transactions of sale or mortgage of things. If he does not forbid tricks of hand and other deceitful practices, be shall be punished with twice the amount of the fine (levied from the deceitful gamblers.)
The same rules shall apply to betting and challenging except those in learning and art.
(Miscellaneous offences.)
As regards miscellaneous offences:— When a person does not return in required place or time the property he has borrowed or hired, or placed in his custody as a deposit, sits under the shade for more than one and a quarter of an hour (aydma) as prescribed, evades under the excuse of being a Brahman the payment due while passing military stations or crossing rivers, and bawls out or invites others to fight against his neighbours, he shall be punished with a fine of 12 panas.
When a person does not hand over the property entrusted to him for delivery to a third person, drags with his hand the wife of his brother, has connection with a public woman kept by another, sells merchandise that is under ill repute, breaks open the sealed door of a house, or causes hurt to any of the forty-house-holders or neighbours, a fine of 48 panas shall be imposed.
When a person misappropriates the revenue he collects as the Kautilya's Arthashastra agent of a household, violates by force the chastity of a widow of independent living, when an outcast (chanddla) person touches an Arya woman, when a person does not run to render help to another in danger, or runs without a cause, and when a person entertains, in dinner dedicated to gods or ancestors Buddhists (sdkya,) Ajivakas, Siidras and exiled persons, (pravrajita) a fine of 100 panas shall be imposed.
When an unauthorised person examines (an offender) on oath, executes Government work though not a Government servant, renders minor quadrupeds impotent, or causes abortion to a female slave by medicine, he shall be punished with the first amercement.
When between father and son, husband and wife brother and sister, maternal uncle and nephew or teacher and student, one abandons the other while neither of them is an apostate; and when a person abandons in the centre of a village another person whom he brought there for his own help, the first amercement shall be levied.
When a person abandons his companion in the midst of a forest, he shall be punished with the middle-most amercement.
When a person threatens and abandons his companion in the midst of a forest, he shall be punished with the highest amercement.
Whenever persons who have started together on some journey abandon one another as above, half of the above fine shall be levied.
When a person keeps or causes to keep another person in illegal confinement, releases a prisoner from prison, keeps or Kautilya's Arthashastra causes another to keep a minor in confinement, he shall be punished with a fine of 1000 panas.
The rates of fines shall vary in accordance with the rank of persons concerned and the gravity of the crimes.
Such persons as a pilgrim, an ascetic engaged in penance, a diseased person, any one suffering from hunger, thirst, or fatigue from journey, a villager from country parts, any one that has suffered much from punishment and a money-less pauper shall be shown mercy.
Such transactions as pertain to gods, Brdhmans, ascetics, women, minors, aged persons, diseased persons and helpless creatures shall, though not be complained of, be settled by the judges themselves; and in such transactions as the above, excuses due to time, place, or possession shall not be pleaded.
Such persons as are noted for their learning, intelligence, bravery, high birth, or magnificent works shall be honoured.
* Judges shall thus settle disputes free from all kinds of circumvention, with mind unchanged in all moods or circumstances, pleasing and affable to all.
[Thus ends Chapter XX, "Gambling, Betting, and Miscellaneous", in Book III, "Concerning Law" of the Arthasastra of Kautilya. End of the seventy- seventh chapter from the beginning. With this, ends the third Book "Concerning Law" of the Arthasastra of Kautilya.]
From: Kautilya. Arthashastra. Translated by R. Shamashastry. Bangalore: Government Press, 1915, 187-252.
Kautilya's Arthashastra Book IV, "The Removal of Thorns" CHAPTER I. PROTECTION OF ARTISANS.
THREE Commissioners (pradeshtdrah) or three ministers shall deal with measures to suppress disturbance to peace (kantakasodhanam kuryuh).
Those who can be expected to relieve misery, who can give instructions to artisans, who can be trusted with deposits, who can plan artistic work after their own design, and who can be relied upon by guilds of artisans, may receive the deposits of the guilds. The guilds (sreni) shall receive their deposits back in time of distress.
Artisans shall, in accordance, with their agreement as to time, place, and form of work, fulfill their engagements. Those who postpone their engagements under the excuse that no agreement as to time, place and form of work has been entered into shall, except in troubles and calamities, not only forfeit lAth of their wages, but also be punished with a fine equal to twice the amount of their wages. They shall also make good whatever is thus lost or damaged. Those who carry on their work contrary to orders shall not only forfeit their wages, but also pay a fine equal to twice the amount of their wages.
(Weavers.)
Weavers shall increase the threads (supplied to them for weaving cloths) in the proportion of 10 to 11 (dasaikddasikam). They shall otherwise, not only pay either a fine equal to twice the loss in threads or the value of the whole yarn, but also forfeit their wages. In weaving linen or silk cloths (kshaumakauseydnam), the increase shall be 1 to Wi. In weaving fibrous or woollen garments Kautilya's Arthashastra or blankets (patronakambdladukuldndm), the increase shall be 1 to 2.
In case of loss in length, the value of the loss shall be deducted from the wages and a fine equal to twice the loss shall be imposed. Loss in weight (tuldhine) shall be punished with a fine equal to four times the loss. Substitution of other kind of yarn, shall be punished with a fine equal to twice the value of the original.
The same rules shall apply to the weaving of broad cloths (dvipatavdnam).
The loss in weight in woollen threads due to threshing or falling of hair is 5 palas.
(Washermen.)
Washermen shall wash clothes either on wooden planks or on stones of smooth surface. Washing elsewhere shall not only be punished with a fine of 6 panas, but also be subject for the payment of a compensation equal to the damage.
Washermen wearing clothes other than such as are stamped with the mark of a cudgel shall be fined three panas. For selling, mortgaging, or letting out for hire the clothes of others, a fine of 12 panas shall be imposed.
In case of substitution of other clothes, they shall not only be punished with a fine equal to twice the value of the clothes, but also be made to restore the true ones.
For keeping for more than a night clothes which are to be made as white as a jasmin flower, or which are to attain the natural colour of their threads on washing on the surface of stones, or which are to be made whiter merely by removing their dirt by Kautilya's Arthashastra washing, proportional fines shall be imposed. For keeping for more than 5 nights such clothes as are to be given thin colouring, for more than six nights such as are to be made blue, for more than 7 nights such as are to be made either as white as flowers or as beautiful and shiny as lac, saffron, or blood and such clothes as require much skill and care in making brilliant, wages shall be forfeited.
Trustworthy persons shall be judges in disputes regarding colour and experts shall determine the necessary wages.
For washing the best garments, the wages shall be one pana; for those of middle quality, half a pana; and for those of inferior quality lAth of a pana.
For rough washing on big stones, the wages shall be Vsth of a pana.
[In the first wash of red-coloured clothes, there is a loss of Vith part (of the colour); in the second wash, l/5th part. This explains subsequent losses. The rules pertaining to washermen are also applicable to weavers.
Goldsmiths who, without giving information (to the government), purchase from unclean hands silver or golden articles without changing the form of the articles shall be fined 12 panas; if they do the same changing the form of the articles (i.e., melting), they shall be fined 24 panas; if they purchase the same from the hands of a thief, they shall be fined 48 panas; if they purchase an article for less than its value after melting it in secret, they shall be liable to the punishment for theft; likewise for deception with manufactured articles. When a goldsmith steals from a suvarna gold equal to the weight of a mdsha (l/16th of a suvarna), he shall be punished 200 panas; when he steals from a silver dharana silver Kautilya's Arthashastra equal to the value of a mdsha, he shall be fined 12 panas. This explains the proportional enhancement of punishments. When a goldsmith removes the whole amount of the gold (karsha) from a suvarna by apasdrana method or by any other deceiptful combination (yoga), he shall be punished with a fine of 500 panas. In case of contaminating them (gold and silver) in any way, the offence shall be regarded as loss of their intrinsic colour.
One mdsha shall be the fee for the manufacture of a silver dharana; for the manufacture of a suvarna, Vsth of the same; or fees may be increased to twice the above according to the skill of the manufacturer. This explains the proportional increase of fees.
Fees for the manufacture of articles from copper, brass, vaikrinataka, and drakuta shall be five percent. In the manufacture of articles from copper (?), l/10th of the copper will be lost. For the loss of a pala in weight, a fine of twice the loss shall be imposed. This explains the proportional increase of punishments. In the manufacture of articles from lead and tin, l/20th of the mass will be lost. One kdkani shall be the fee for manufacturing an article of a pala in weight of the above. In the manufacture of articles from iron, l/5th of the mass will be lost; two kdkanis shall be the fee for manufacturing an article of a pala in weight from iron. This explains the proportional increase of fees.
When the examiner of coins declares an unacceptable current coin to be worthy of being entered into the treasury or rejects an acceptable current coin, he shall be fined 12 panas. When the examiner of coins misappropriates a mdsha from a current coin of a pana, the tax, (Vydji) of five percent on the coin having been duly paid, he shall be fined 12 panas. This explains the proportional increase of fines. When a person causes a counterfeit coin to be manufactured, or accepts it, or exchanges it, he shall be fined 1,000 panas; he who enters a counterfeit coin into the treasury shall be put to death.]
Kautilya's Arthashastra (Scavengers.)
Of whatever precious things sweepers come across while sweeping, one-third shall be taken by them and two-thirds by the king. But precious stones shall be wholly surrendered to the king. Seizure of precious stones shall be punished with the highest amercement.
A discoverer of mines, precious stones, or treasure troves shall, on supplying the information to the king, receive l/6th of it as his share; but if the discoverer happens to be a peon (bhritaka), his share shall be only l/12th of it.
Treasure troves valued beyond 100,000 shall wholly be taken by the king. But if they are of less value, the discover shall receive l/6th of it as his share.
Such treasure troves as a man of pure and honest life can prove to be his ancestral property shall wholly be taken by the man himself. Taking possession of a treasure trove without establishing such claim shall be punished with a fine of 500 panas. Taking possession of the same in secret shall be punished with a fine of (Medical Practice).
Physicians undertaking medical treatment without intimating (to the government) the dangerous nature of the disease shall, if the patient dies, be punished with the first amercement. If the death of a patient under treatment is due to carelessness in the treatment, the physician shall be punished with the middle-most amercement. Growth of disease due to negligence or indifference (karmavadha) of a physician shall be regarded as assault or violence.
Kautilya's Arthashastra (Musicians).
Bands of musicians (kusilavah) shall, during the rainy season, stay in a particular place. They shall strictly avoid giving too much indulgence or causing too much loss (atipdtam) to any one. Violation of the above rule shall be punished with a fine of 12 panas. They may hold their performances to their liking in accordance with the procedure of their country, caste, family, profession, or copulation.
The same rules shall apply to dancers, dumb-players and other mendicants.
For offences, mendicants shall receive as many lashes with an iron rod as the number of panas imposed on them.
Wages for the works of other kinds of artisans shall be similarly determined.
* Thus traders, artisans, musicians, beggers, buffoons and other idlers who are thieves in effect though not in name shall be restrained from oppression on the country.
[Thus ends Chapter I, "Protection of artisans" in Book IV, "The Removal of Thorns" of the Arthasdstra of Kautilya. End of the seventy-eighth chapter from the beginning.]
CHAPTER II. PROTECTION OF MERCHANTS.
THE Superintendent of Commerce shall allow the sale or mortgage of any old commodities (purdna bhdndandm) only when Kautilya's Arthashastra the seller or mortgagor of such articles proves his ownership of the same. With a view to prevent deception, he shall also supervise weights and measures.
Difference of half a pala in such measures as are called parimdni and drona is no offence. But difference of a pala in them shall be punished with a fine of Ylpanas.
Fines for greater differences shall be proportionally increased.
Difference of a karsha in the balance called tula is no offence. Difference of two karshas shall be punished with a fine of 6 panas. Fines for greater differences shall be proportionally increased.
Difference of half a karsha in the measure called ddhaka is no offence; but difference of a karsha shall be punished with a fine of 3 panas.
For greater differences, fines shall be proportionally increased.
Fines for differences in weight in other kinds of balances shall be inferred on the basis of the above rule.
When a merchant purchases by a false balance a greater quantity of a commodity and sells under the same nominal weight a less quantity by the same or another false balance, he shall be punished with double the above fines.
Deception on the part of a seller to the extent of!/sth part of the articles valued at a pana and sold by number shall be punished with a fine of 96 panas.
The sale or mortgage of articles such as timber, iron, brilliant Kautilya's Arthashastra stones, ropes, skins, earthenware, threads, fibrous garments, and woollen clothes as superior though they are really inferior shall be punished with a fine of 8 times the value of the articles thus sold.
When a trader sells or mortgages inferior as superior commodities, articles of some other locality, as the produce of a particular locality, adulterated things, or deceitful mixtures, or when he dexterously substitutes other articles for those just sold (samutparivartimam), he shall not only be punished with a fine of 54 panas but also be compelled to make good the loss.
By making the fine two panas for the loss of the value of a pana, and 200 panas for that of 100, fines can be determined for any of such false sales.
Those who conspire to lower the quality of the works of artisans, to hinder their income, or to obstruct their sale or purchase shall be fined thousand panas.
Merchants who conspire either to prevent the sale of merchandise or to sell or purchase commodities at higher prices shall be fined 1,000 panas.
Middlemen who cause to a merchant or a purchaser the loss of Vsth of a pana by substituting with tricks of hand false weights or measures or other kinds of inferior articles shall be punished with a fine of 200 panas.
Fines for, greater losses shall be proportionally increased commencing from 200 panas.
Adulteration of grains, oils, alkalis, salts, scents, and medicinal articles with similar articles of no quality shall be punished with a fine of 12 panas.
Kautilya's Arthashastra It is the duty of the trader to calculate the daily earnings of middlemen and to fix that amount on which they are authorised to live; for whatever income falls between sellers and purchasers (i.e., brokerage) is different from profit.