Carl Clausewitz - The Strategy of Warfare – Boxed Set

For committing intercourse with a woman outside a village, or for spreading false report regarding such things, double the usual fines shall be imposed.

He who carries off a maiden by force shall be fined 200 panas; if the maiden thus carried off has golden ornaments on her person, the highest amercement shall be imposed. If a number of persons abduct a maiden, each of them shall be punished as above.

When a man has connection with a harlot's daughter, he shall not only pay a fine of 54 panas, but also give her mother sixteen times her daily income.

When a man defiles the daughter of his own male or female slave, he shall not only pay a fine of 24 panas, but also provide the maiden with an adequate nuptial fee (sulka) and jewellery (ábaddhya).

When a man has connection with a woman who has been held in slavery on account of certain ransom due from her, he shall not only pay a fine of 12 panas, but also provide the woman with dress and maintenance.

Abettors in all the above cases shall each have the same punishment as the principal offender.

A relative, or a servant of an absentee husband may take the latter's wife of loose character under his own protection (samgrihníyat = may marry her). Being under such protection, she shall wait for the return of her husband. If her husband, on his return, entertains no objection, both the protector and the woman shall be acquitted. If he raises any objection, the woman shall have her ears and nose cut off, while her keeper shall be put to death as an adulterer.

When a man falsely accuses another of having committed theft while in reality the latter is guilty of adultery, the complainant shall be fined 500 panas.

He who lets off an adulterer by receiving gold shall pay a fine of eight times the value of the gold (he received).

(Adultery may be proved by circumstances such as) hand to hand fight, abduction, any marks made on the body of the culprits, opinion of experts on consideration of the circumstances, or the statements of women involved in it.

When a man rescues a woman from enemies, forests, or floods, or saves the life of a woman who has been abandoned in forests, forsaken in famine, or thrown out as if dead, he may enjoy her as agreed upon during the rescue.

A woman of high caste, with children and having no desire for sexual enjoyment, may be let off after receiving an adequate amount of ransom.

Those women who have been rescued from the hands of thieves, from floods, in famine, or in national calamities, or who, having been abandoned, missed, or thrown out as if dead in forests, have been taken home may be enjoyed by the rescuer as agreed upon.

But no such women as have been cast out under royal edict, or by their own kinsmen; nor such as belong to high caste, or do not like to be rescued, nor even those who have children shall be rescued either for ransom or for their person.

[Thus ends Chapter XII, “Sexual Intercourse with Immature Girls,” in Book IV, “The Removal of Thorns” of the Arthasástra of Kautilya. End of the eighty-ninth chapter from the beginning.]

Table of Contents

HE who causes a Bráhman to partake of whatever food or drink is prohibited shall be punished with the highest amercement. He who causes a Kshatriya to do the same shall be punished with the middlemost amercement; a Vaisya, with the first amercement; and a Súdra, with a fine of 54 panas.

Those who voluntarily partake of whatever is condemned either as food or drink shall be outcast.

He who forces his entrance into another's house during the day shall be punished with the first amercement; and during the night with the middlemost. Any person who with weapon in hand enters into another's house either during the day or night shall be punished with the highest amercement.

When beggars or peddlers and lunatics or mad persons attempt to enter into a house by force, or when neighbours force their entrance into a house in danger, they shall not be punished provided no such entrance is specially prohibited.

He who mounts the roof of his own house after midnight shall be punished with the first amercement; and of another's house, with the middlemost amercement.

Those who break the fences of villages, gardens, or fields shall also be punished with the middlemost amercement.

Having made the value, etc., of their merchandise known (to the headman of the village), traders shall halt in some part of a village. When any part of their merchandise which has not been truly sent out of the village during the night has been stolen or lost, the headman of the village shall make good the loss.

Whatever of their merchandise is stolen or lost in the intervening places between any two villages shall the superintendent of pasture lands make good. If there are no pasture lands (in such places), the officer called Chorarajjuka shall make good the loss. If the loss of merchandise occurs in such parts of the country as are not provided even with such security (a Chorarajjuka), the people in the boundaries of the place shall contribute to make up the loss. If there are no people in the boundaries, the people of five or ten villages of the neighbourhood shall make up the loss.

Harm due to the construction of unstable houses, carts with no support or with a beam or weapon hung above or with damaged support or with no covering, and harm due to causing a cart to fall in pits, or a tank, or from a dam, shall be treated as assault.

Cutting of trees, stealing the rope with which a tameable animal is tied, employing untamed quadrupeds, throwing sticks, mud, stones, rods, or arrows on chariots or elephants, raising or waiving the arm against chariots or elephants, shall also be treated as assault.

(The charioteer) who cries out (to a passer-by) ‘get out’ shall not be punished for collision (samghattane).

A man who is hurt to death by an elephant under provocation (caused by himself) shall supply not only a kumbha of liquor (less by a drona), garlands, and scents but also as much cloth as is necessary to wash the tusks; for death caused by an elephant is as meritorious as the sacred bath taken at the end of a horse-sacrifice. Hence this offer (of liquor, etc.), is known as ‘washing the legs.’

When an indifferent passer-by is killed by an elephant the driver shall be punished with the highest amercement.

When the owner of a horned or tusked animal does not rescue a man from being destroyed by his animal, he shall be punished with the first amercement. If he heedlessly keeps quite from rescuing though entreated, he shall be punished with twice the first amercement.

When a person causes or allows horned or tusked animals to destroy each other, he shall not only pay a fine equal to the value of the destroyed animal or animals, but also make good the loss (to the sufferer).

When a man rides over an animal which is left off in the name of gods, or over a bull, an ox, or over a female calf, he shall be fined 500 panas. He who drives away the above animals shall be punished with the highest amercement.

When a person carries off such inferior quadrupeds as are productive of wool or milk, or are useful for loading or riding, he shall not only pay a fine equal to their value, but also restore them.

The same punishment shall be imposed in the case of driving away inferior quadrupeds for purposes other than ceremonials performed in honour of gods or ancestors.

When an animal which has its nose-string cut off or which is not well tamed to yoke causes hurt; or when an animal, either coming furiously against a man or receding backwards with the cart to which it is tied, causes hurt or when an animal causes hurt in confusion brought about by the thronging of people and other animals; the owner of the animal shall not be punished;. but for hurt caused to men under circumstances other than the above, fines shall be imposed as laid down before, while the loss of any animal life due to such causes shall be made good. If the driver of a cart or carriage causing hurt is a minor, the master inside the cart or carriage shall be punished. In the absence of the master, any person who is seated inside, or the driver himself if he has attained his majority shall be punished. Carts or carriages occupied by a minor or with no person shall be taken possession of by the king.