Carl Clausewitz - The Strategy of Warfare – Boxed Set

He shall make a daily inspection of reservoirs of water, of roads, of the hidden passage for going out of the city, of forts, fortwalls, and other defensive works. He shall also keep in his safe custody of whatever things he comes across as lost, forgotten or left behind by others.

On the days to which the birth star of the king is assigned, as well as on full moon days, such prisoners as are young, old, diseased, or helpless (anátha) shall be let out from the jail (bandhanâgâra); or those who are of charitable disposition or who have made any agreement with the prisoners may liberate them by paying an adequate ransom.

Once in a day or once in five nights, jails may be emptied of prisoners in consideration of the work they have done, or of whipping inflicted upon them, or of an adequate ransom paid by them in gold.

Whenever a new country is conquered, when an heir apparent is installed on the throne, or when a prince is born to the king, prisoners are usually set free.

[Thus ends Chapter XXXVI, “The Duty of a City Superintendent” in Book II, “The Duties of government Superintendents,” of the Arthasástra of Kautilya. End of the fifty-seventh chapter from the beginning. With this ends the Second Book “The Duties of Government Superintendents” of the Arthasástra of Kautilya.]

Table of Contents

Table of Contents

IN the cities of Sangrahana, Dronamukha, and Stháníya, and at places where districts meet, three members acquainted with Sacred Law (dharmasthas) and three ministers of the king (amátyas) shall carry on the administration of Justice.

(Valid and Invalid Transactions.)

They shall hold as void agreements (vyavahára) entered into in seclusion, inside the houses, in the dead of night, in forests, in secret, or with fraud.

The proposer and the accessory shall be punished with the first amercement [A fine ranging from 48 to 96 panas is called first amercement; from 200 to 500 panas, the middlemost; and from 500 to 1,000 panas the highest amercement. See Chap. XVII, Book III]; the witnesses (srotri = voluntary hearers) shall each be punished with half of the above fine; and accepters shall suffer the loss they may have sustained.

But agreements entered into within the hearing of others, as well as those not otherwise condemnable shall be valid.

Those agreements which relate to the division of inheritance, sealed or unsealed deposits, or marriage; or those in which are concerned women who are either afflicted with disease or who do not stir out; as well as those entered into by persons who are not known to be of unsound mind shall be valid though they might be entered into inside houses.

Transactions relating to robbery, duel, marriage, or the execution of the king's order, as well as agreements entered into by persons who usually do their business during the first part of the night shall be valid though they might be done at night.

With regard to those persons who live most part of their life in forests, whether as merchants, cowherds, hermits, hunters, or spies, their agreements though entered into in forests shall be valid.

If fraudulent agreements, only such shall be valid as are entered into by spies.

Agreements entered into by members of any association among themselves shall be valid though entered into in private.

Such agreements (i.e., those entered into in seclusion, etc.) except as detailed above shall be void.

So also agreements entered into by dependent or unauthorised persons, such as a father's mother, a son, a father having a son, an outcast brother, the youngest brother of a family of undivided interests, a wife having her husband or son, a slave, a hired labourer, any person who is too young or too old to carry on business, a convict (abhisasta), a cripple, or an afflicted person, shall not be valid. But it would be otherwise if he were authorised.

Even agreements entered into by an authorised person shall be void if he was at the time (of making the agreements) under provocation, anxiety, or intoxication, or if he was a lunatic or a haunted person.

In all these cases, the proposer, his accessory, and witnesses shall each be punished as specified above.

But such agreements as are entered into in person by any one with others of his own community in suitable place and time are valid provided the circumstances, the nature, the description, and the qualities of the case are credible.

Such agreements with the exception of orders (Adesa=probably a bill of exchange) and hypothecations may be binding though entered into by a third person. Thus the determination of the forms of agreement.

(The Trial.)

The year, the season, the month, the fortnight (paksha), the date, the nature and place of the deed, the amount of the debt as well as the country, the residence, the caste, the gotra, the name and occupation of both the plaintiff and the defendant both of whom must be fit to sue and defend (kritasamarthávasthayoh), having been registered first, the statements of the parties shall be taken down in such order as is required by the case. These statements shall then be thoroughly scrutinised.

(The offence of Parokta.)

Leaving out the question at issue, either of the parties takes resort to another; his previous statement is not consistent with his subsequent one; he insists on the necessity of considering the opinion of a third person, though it is not worthy of any such consideration; having commenced to answer the question at issue, he breaks off at once, even though he is ordered to continue; he introduces questions other than those specified by himself; he withdraws his own statement; he does not accept what his own witnesses have deposed to; and he holds secret conversation with his witnesses where he ought not to do so.

These constitute the offence of Parokta.

(Punishment for Parokta.)

Fine for parokta is five times the amount (paroktadandah panchabandah).

Fine for self assertion (svayamvádi = asserting without evidence) is ten times the amount (dasabandha.)

(Payments for Witnesses.)

Fees for witnesses (purushabhritih) shall cover 1/8th of the amount (astánga). Provision proportional to the amount sued for may also be made for the expenses incurred by witnesses in their journey. The defeated party shall pay these two kinds of costs.

(Countersuits.)

In cases other than duel, robbery, as well as disputes among merchants or trade-guilds, the defendant shall file no countercase against the plaintiff. Nor can there be a countercase for the defendant.

(Adjournments.)

The plaintiff shall (‘rejoin’) reply soon after the defendant has answered the questions at issue. Else he shall be guilty of parokta, for the plaintiff knows the determining factors of the case. But the defendant does not do so. The defendant may be allowed three or seven nights to prepare his defence. If he is not ready with his defence within that time, he shall be punished with a fine ranging from 3 to 12 panas. If he does not answer even after three fortnights, he shall be fined for parokta, and the plaintiff shall recover out of the defendant's property the amount of the case. But if the plaintiff sues for a mere return of gratitude (pratyupakarana), then no (decree shall be passed).

The same punishment shall be meted out to such of the defendants as fail in their defence.

If the plaintiff fails to prove his case, he shall (also) be guilty of parokta. If he fails to substantiate his case against a dead or diseased defendant, he shall pay a fine and perform the (funeral) ceremonies of the defendant, as determined by the witnesses. If he proves his case, he may be permitted to take possession of the property hypothecated to him.