Carl Clausewitz - The Strategy of Warfare – Boxed Set

Contemptuous expressions such as 'a bad Bráhman' shall also be punished as above.

The same rules shall apply to calumnies regarding learning (sruta), the profession of buffoons (vágjívana), artisans, or musicians, and relating to nationalities such as Prájjunaka, Gándhára, 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 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 Arthasástra of Kautilya. End of the seventy-fifth chapter from the beginning.]

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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, 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 Súdra with which he strikes a Bráhman 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 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 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 which mark boundaries, or which are worshipped or observed (chaityeshválakshiteshucha,) 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 Arthasástra of Kautilya. End of the seventy-sixth chapter from the beginning.]

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WITH a view to find out spies or thieves, the Superintendent of gambling shall, under the penalty of a fine of 12 panas 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 kákani 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.