Carl Clausewitz - The Strategy of Warfare – Boxed Set

When a judge does not inquire into necessary circumstances, inquires into unnecessary circumstances, (desa), makes unnecessary delay in discharging his duty, postpones work with spite, causes parties to leave the court by tiring them with delay, evades or causes to evade statements that lead to the settlement of a case, helps witnesses giving them clues, or resumes cases already settled or disposed of, he shall be punished with the highest amercement. If he repeats the offence, he shall both be punished with double the above fine and dismissed.

When a clerk does not take down what has been deposed by parties, but enters what has not been deposed, evades what has been badly said (duruktam), or renders either diverse or ambiguous in meaning such depositions as are satisfactorily given out, he shall be punished either with the first amercement or in proportion to his guilt.

When a judge or commissioner imposes an unjust fine in gold, he shall be fined either double the amount of the fine, or eight times that amount of imposition which is either more or less than the prescribed limit.

When a judge or commissioner imposes an unjust corporeal punishment, he shall himself be either condemned to the same punishment or made to pay twice the amount of ransom leviable for that kind of injustice.

When a judge falsifies whatever is a true amount or declares as true whatever amount is false, he shall be fined eight times that amount.

When an officer lets out or causes to let out offenders from lock-up (cháraka), obstructs or causes to obstruct prisoners in such of their daily avocations as sleeping, sitting, eating, or execreting, he shall be punished with fines ranging from 3 panas and upwards.

When any person lets out or causes to let out debtors from lock-up, he shall not only be punished with the middlemost amercement, but also be compelled to pay the debt the offender has to pay.

When a person lets out or causes to let out prisoners from jails (bandhanágára), he shall be condemned to death and the whole of his property confiscated.

When the superintendeat of jails puts any person in lock-up without declaring the grounds of provocation (samkrudhakamanákhyáya), he shall be fined 24 panas; when he subjects any person to unjust torture, 48 panas; when he transfers a prisoner to another place, or deprives a prisoner of food and water, 96 panas; when be troubles or receives bribes from a prisoner, he shall be punished, with the middlemost amercement; when he beats a prisoner to death, he shall be fined 1,000 panas. When a person commits rape with a captive, slave, or hired woman in lock-up, he shall be punished with the first amercement; when he commits rape with the wife of a thief, or of any other man who is dead in an epidemic (dámara), he shall be punished with the middlemost amercement; and when he commits rape with an Arya woman in lock-up, he shall be punished with the highest amercement.

When an offender kept in lock-up commits rape with an Arya woman in the same lock-up, he shall be condemned to death in the very place.

When an officer commits rape with an Arya woman who has been arrested for untimely movement at night (akshanagrihitáyám), he shall also be hanged at the very spot; when a similar offence is committed with a woman under slavery, the offender shall be punished with the first amercement.

(An officer) who causes a prisoner to escape from a lock-up without breaking it open, shall be punished with the middlemost amercement. (An officer) who causes a prisoner to escape from a lock-up after breaking it open, shall be condemned to death. When he lets out a prisoner from the jail, he shall be put to death and his property confiscated.

Thus shall the king, with adequate punishments, test first the conduct of Government servants, and then shall, through those officers of approved character, examine the conduct of his people both in towns and villages.

[Thus ends Chapter IX, "Protection of all kinds of Government Departments” in Book IV, “The Removal of Thorns” of the Arthasástra of Kautilya. End of the eighty-sixth chapter from the beginning.]

Table of Contents

WHEN Government servants (arthachara) commit for the first time such offences as violation of sacred institutions (tírthágháta), or pickpocketing (granthibheda), they shall have their index finger cut off or shall pay a fine of 54 panas; when for a second time they commit the same, they shall have their ( ...... ) cut off or pay a fine of 100 panas; when for a third time, they shall have their right hand cut off or pay a fine of 400 panas; and when for a fourth time, they shall in any way be put to death.

When a person steals or destroys cocks, mangoose, cats, dogs or pigs, of less than 54 panas in value, he shall have the edge of his nose cut off or pay a fine of 54 panas. If these animals belong to either Chandalas or wild tribes half of the above fine shall be imposed.

When any person steals wild beasts, cattle, birds, elephants, tigers, fish, or any other animals confined in traps, fences, or pits, he shall not only pay a fine equal to the value of the stolen animals, but also restore the animals.

For stealing beasts or raw materials from forests, a fine of 100 panas shall be imposed. For stealing or destroying dolls, beasts, or birds from infirmaries, twice the above fine shall be levied.

When a person steals articles of small value, belonging to artisans, musicians, or ascetics he shall pay a fine of 100 panas; and when he steals big articles or any agricultural implements, he shall pay double the above fine.

When any person enters into a fort without permission, or carries off treasure through a hole or passage in the wall of the fort, he shall either be beheaded or be made to pay a fine of 200 panas.

When a person steals a cart, a boat or minor quadruped, he shall have one of his legs cut off or pay a fine of 300 panas.

When a gambler substitutes false dice to be hired for a kákaní or any other accessory things of dice-play, or commits fraud by tricks of hand, he shall have his hand cut off or pay a fine of 400 panas.

When any person abets a thief or an adulterer, he as well as the woman who voluntarily yields herself for adultery shall have their ears and nose cut off or pay each a fine of 500 panas, while the thief or the adulterer shall pay double the above fine.

When any person steals a big animal, abducts a male or female slave, or sells the articles belonging to a dead body (pretabhándam), he shall have both of his legs cut off or pay a fine of 600 panas.

When a man contemptuously rushes against the hands or legs of any person of a higher caste, or of a teacher, or mounts the horse, elephant, coach, etc., of the king, he shall have one of his legs and one of his hands cut off or pay a fine of 700 panas.

When a Súdra calls himself a Bráhman, or when any person steals the property of gods, conspires against the king, or destroys both the eyes of another, he shall either have his eyes destroyed by the application of poisonous ointment, or pay a fine of 800 panas.

When a person causes a thief or an adulterer to be let off or adds or omits anything while writing down the king's order, abducts a girl or a slave possessed of gold, carries off any deceitful transaction, or sells rotten flesh, he shall either have his two legs and one hand cut off or pay a fine of 900 panas.

Any person who sells human flesh shall be condemned to death.

When a person steals images of gods or of animals, abducts men, or takes possession of fields, houses, gold, gold-coins, precious stones, or crops of others, he shall either be beheaded or compelled to pay the highest amercement.

Taking into consideration the (social position of) persons, the nature of the offence, the cause, whether grave or slight (that led to the perpetration of the offence), the antecedent and present circumstances, the time, and the place;