Carl Clausewitz - The Strategy of Warfare – Boxed Set

If the owner takes possession of a lost article without obtaining permission from the court, he shall be punished with the first amercement.

Stolen or lost articles shall, on being detected, be kept in the toll-gate. If no claimant is forthcoming within three fortnights, such articles shall be taken by the king.

He who proved his title to a lost or stolen biped shall pay 5 panas towards ransom (before taking possession of it). Likewise the ransom for a single-hoofed animal shall be 4 panas; for a cow or a buffalo, 2 panas, for minor quadrupeds ¼th of a pana; and for articles such as precious stones, superior or inferior raw materials, five per cent of their value.

Whatever of the property of his own subjects the king brings back from the forests and countries of enemies, shall be handed over to its owner. Whatever of the property of citizens robbed by thieves the king cannot recover, shall be made good from his own pocket. If the king is unable to recover such things, he shall either allow any self-elected person (svayamgráha) to fetch them, or pay an equivalent ransom to the sufferer. An adventurer may enjoy whatever the king graciously gives him out of the booty he has plundered from an enemy's country, excepting the life of an Arya and the property belonging to gods, Bráhmans or ascetics. Thus sale without ownership is dealt with.

(Ownership.)

As to the title of an owner to his property:--The owners who have quitted their country where their property lies shall continue to have their title to it. When the owners other than minors, the aged, those that are afflicted with decease or calamities, those that are sojourning abroad, or those that have deserted their country during national disturbances, neglect for ten years their property which is under the enjoyment of others, they shall forfeit their title to it.

Buildings left for 20 years in the enjoyment of others shall not be reclaimed. But the mere occupation of the buildings of others during the absence of the king by kinsmen, priests, or heretics shall not give them the right of possession. The same shall obtain with regard to open deposits, pledges, treasure trove (nidhi), boundary, or any property belonging to kings or priests (srotriyas).

Ascetics and heretics shall, without disturbing each other, reside in a large area. A new comer shall, however, be provided with the space occupied by an old resident. If not willing to do so, the old occupier shall be sent out.

The property of hermits, (vánaprastha) ascetics (yati), or bachelors learning the Vedas (Brahmachári) shall on their death be taken by their preceptors, disciples, their brethren (dharmabhrátri), or class-mates in succession.

Whenever hermits, etc., have to pay any fines, they may, in the name of the king, perform penance, oblation to gods, fireworship, or the ritual called Mahákachchhavardhana for as many nights as the number of panas of their fines. Those heretics (páshandáh) who have neither gold nor gold-coin shall similarly observe their fasts except in the case of defamation, theft, assault and abduction of women. Under these circumstances, they shall be compelled to undergo punishment.

The king shall, under penalty of fines, forbid the wilful or improper proceedings of ascetics: for vice overwhelming righteousness will in the long run destroy the ruler himself.

[Thus ends Chapter XVI, "Resumption of gifts, sale without ownership, and ownership" in Book III, "Concerning Law" of the Arthasástra of Kautilya. End of the seventy-third chapter from the beginning.]

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SUDDEN and direct seizure (of person or property) is termed sáhasa; 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.

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 (káláyasa), 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 sáhasa 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 sáhasa 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 ‘I will pay thee this amount of gold,’ an abettor causes another to commit sáhasa, 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 rúpa and in fines above hundred, five per cent more; these two kinds of exaction, are 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 Arthasástra of Kautilya. End of the seventy-fourth chapter from the beginning.]

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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 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 Bráhmans, Kshatriyas, Vaisyas, Súdras, and outcastes (antávasáyins), 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.