Reading section 9

Translator: Montriou, W. A. (William Austin); Röer, Edward

Hindu Law and Judicature from the Dharma-Sastra of Yajnavalkya. Translated by Montriou, W. A. (William Austin); Röer, Edward. This historical English edition is listed by Project Gutenberg as public domain in the USA. Read the source text, search passages, and explore it with the reading assistant.

Contents
  1. Reading section 1
  2. Reading section 2
  3. Reading section 3
  4. Reading section 4
  5. Reading section 5
  6. Reading section 6
  7. Reading section 7
  8. Reading section 8
  9. Reading section 9
  10. Reading section 10
  11. Reading section 11
  12. Reading section 12
  13. Reading section 13
  14. Reading section 14
  15. Reading section 15
  16. Reading section 16
  17. Reading section 17
  18. Reading section 18

240. Whoever falsifies scales, or a royal order, or a measure,[332] or a coin,[333] likewise whoever [knowingly] uses them [so falsified], shall be made to pay the highest fine.[334]

Permalink

241. A tryer of coin who pronounces a false one to be genuine or a genuine one to be false, shall be made to pay the highest fine.

Permalink

242. One who falsely sets himself up as a physician,[335] shall, [for his malpractice,] if brutes be concerned, pay the first fine--if mankind, the middle fine--but, if royal officers, the highest fine.

Permalink

243. Whoso imprisons one not deserving of imprisonment,[336] or releases one found worthy of imprisonment or pending his trial,[337] shall pay the highest fine.

Permalink

244. He who, in measurement, or [use of] the scales, defrauds [to the extent] of an eighth, shall be made to pay a fine of two hundred _panas_, and thus proportionably for a more or less quantity.

Permalink

245. He who adulterates[338] medicine, or oily commodities, or salt, or perfumes, or corn, or sugar, or other saleable articles, shall be fined sixteen _panas._

Permalink

246. For making one sort of article to appear to be of another sort, whether it be earthen goods, or skins, or precious stones, or threads, or corn, or wood, or bark of trees, or clothes, a fine [is ordained of] eight-fold the purchase money.

Permalink

247. For him who changes a covered basket,[339] or who gives in pledge or sells counterfeit drugs in a wrapper,[340] the fines prescribed are,

Permalink

248. where [the value is] below a _pana_ fifty _panas_, where [it amounts to] a _pana_ one hundred _panas_, where to two _panas_ two hundred _panas_: with increase of value the fine increases.

Permalink

249. The highest fine is imposed on those who, [although] aware of the rise or fall in prices, combine, to the prejudice of labourers and artists, to create a price [of their own].

Permalink

250. For traders who combine, by [arbitrarily fixing] an improper price, to impede [the traffic in] any commodity, or to make [an injurious] sale of it,[341] the highest fine is ordained.

Permalink

251. The price in [transactions of] sale and purchase, daily, is regulated by the monarch;[342] the difference[343] is declared to be the traders' profit.

Permalink

252. On goods of his own country let a trader clear a profit of five per cent., and ten per cent. on those of another country; provided he make prompt sale of his purchase.

Permalink

253. [The monarch] is to determine the price, in unison with the wishes of both purchaser and seller; first adding to the cost of the article the expense of bringing it to the market.[344]

Permalink

254. He who, having received the price of any commodity, fails to deliver it to the buyer, shall be compelled to deliver the article, together with damages [for the detention]; and should the buyer be from foreign parts, then, the foreign profit [shall be added].

Permalink

255. There may be a re-sale of goods sold, if the original buyer will not receive them. If loss arise from misconduct of the buyer, he shall bear it.

Permalink

256. Whatever damage may befal goods by [act of] the monarch, or by accident, shall be the loss of the seller,[345] where he has failed to make delivery on demand.

Permalink

257. If a person re-sell that which has been sold to another, or sell, as sound, a damaged article; [in either case] the fine shall be double the value [of the article sold].

Permalink

258. A trader who makes a purchase in ignorance of the rise and fall of prices, must not recede from his bargain; if he do, he shall be fined a sixth [of the price].

Permalink

259. Traders who carry on business jointly, for profit, shall share the profits and losses, either in proportion to the capital [brought in by each], or according to the contract between them.[346]

Permalink

260. [A joint trader] who occasions loss [to the partnership] by [engaging in] something which his partner has either prohibited or not sanctioned, or by any negligence, shall make it good: if [on the other hand by his personal exertion] he preserve anything [of the partnership property] from loss, he shall have the tenth of it.[347]

Permalink

261. The monarch, for fixing the prices, should receive a duty of a twentieth.[348]

Permalink

If an article of which the sale is prohibited, or one fitting for the monarch[349] [to possess], be sold [without the royal license], it shall be forfeited to the Crown.[350]

Permalink

262. Whoever declares false weight, or avoids the place where custom is levied, shall be made to pay eight-fold; so he who fraudulently buys or sells.[351]

Permalink

263. A ferryman levying [toll as though for] land-duties, shall be made to pay a fine of ten _panas_.[352]

Permalink

The same fine is ordained for omission to send invitations to brahmans of the neighbourhood.[353]

Permalink

264. On the death of one departed to a foreign country, his male offspring, his maternal kindred, or those more remotely related, shall take the property: in their default, the monarch [succeeds].

Permalink

265. Let the partners of a man who acts dishonestly exclude him from any share of the profits. Let him who is disabled [to act personally in the partnership business] act by the agency of another. Thus too it is enjoined for [associations of] priests[354] farmers, and craftsmen.

Permalink

266. Capture of a thief by the officer is warranted by [his possession of] the property stolen, or by traces of him, also by his having been an offender previously, or his being an inmate of a house of ill repute.

Permalink

267. And others there are who may be arrested on suspicion, _viz._, such as conceal their caste, name, &c., also those addicted to gambling, to women, and to drinking, and such as have [betrayed themselves by] a parched mouth in speaking, or a stammering voice;

Permalink

268. those, moreover, who are inquisitive about others' goods and houses, or who put on a disguise, or who expend [lavishly] although they have no [ostensible] income, or who sell things that have been in use.

Permalink

269. If one arrested on suspicion of theft do not clear himself, he is to be punished as a thief, being first compelled to make good the property stolen.

Permalink

270. [The monarch] should compel the thief to make restitution of the stolen articles, and subject him to [such of] the different corporeal inflictions [as may be proper]: a brahman [who is a thief] he shall brand and banish the realm.

Permalink

271. When a murder or theft has occurred, and [the criminal] is not traced beyond the village, blame falls on the village governor; if [he be traced] to the public road, blame falls on the governor of the district; if traced out of the district, the officer charged with pursuit of criminals shall be to blame.

Permalink

272. The village within whose boundary [the crime is perpetrated] shall pay; or [that village shall pay] to which track [of the criminal] leads; so, if the track lead to a place within a _krosh_[355] skirting five villages [all shall pay]; so of ten villages.

Permalink

273. House-breakers,[356] they who steal horses or elephants, murderers by open violence--such shall be impaled.

Permalink

274. He who purloins [apparel, &c.[357]] shall have a hand cut off; cut-purses,[358] shall have the thumb and fore-finger cut off; for a second offence, a hand and a foot shall be cut off.

Permalink

275. For theft of goods of trifling, of medium, and of the highest value,[359] the penalty to be inflicted is proportioned to the value of what is stolen. In its determination, place, time, age, and ability, are to be considered.[360]

Permalink

276. One who knowingly supplies a thief or a murderer with food, shelter, fire, water, counsel, implements, or money, incurs the highest fine.[361]

Permalink

277. For wounding with weapons, and for causing abortion, the highest fine is ordained; the highest or the lowest for killing a man or a woman.

Permalink

278. A woman incorrigibly wicked, one who has slain a man, one who has destroyed dams,[362] shall, unless she be in a state of pregnancy, be thrown into [deep] water with a [heavy] stone tied to her.

Permalink

279. A woman who is a poisoner, or an incendiary, one who has slain her husband, her _guru_, or her child, shall be put to death by bulls, her ears, hands, nose, and lips being cut off.[363]

Permalink

280. If a man be slain, and it be not known who did the deed, his sons, kindred, wives, also women who are in habits of illicit intercourse, are to be separately and without delay questioned,--as to, whether any quarrel has occurred,

Permalink

281. whether the deceased was addicted to women, or fond of what is costly, or seeking gain,[364] also with whom he had gone--or, the people in the neighbourhood of the place where the murder occurred shall be examined, by gentle means.

Permalink

282. Incendiaries of fields, houses, forests, villages, pasture-grounds or granaries, also one who has intercourse with the wife of the king, are to be burned in a straw-fire.

Permalink

283. A man is to be apprehended for adultery, if [found] with another man's wife in mutual grasping of hair or with recent love-marks, or when both admit [their fault],

Permalink

284. or [if the man be found] toying with her girdle, with her breasts, her upper garment, her thigh, or her hair, or conversing with her at an unfitting place or hour, or on the same spot with her.[365]

Permalink

285. The wife, if [so acting] after express prohibition, shall pay one hundred _panas_ fine; the man, two hundred _panas_: if both have been expressly prohibited [so demeaning themselves], their punishment shall be the same as for adultery.[366]

Permalink

286. For adultery with a woman of equal cast, a man incurs the highest fine; with a woman of lower cast, the middle fine; with a woman of higher cast, [the penalty is] death,[367] and the woman is to have her ears, &c.[368] cut off.

Permalink

287. If one make off with a virgin decked out [for the bridal], he shall pay the highest fine; if she be not so circumstanced, then the lowest fine. Thus it is, if the virgin be of equal cast: if she be of higher cast, [the penalty of] death is ordained.

Permalink

288. In the case of a virgin consenting and of inferior cast, no offence [is committed]; otherwise, there is a fine.[369] For ravishing her, the man's hand shall be cut off: if the virgin be of the highest cast, [the penalty is] death.

Permalink

289. Whoso speaks disparagingly of a woman shall forfeit one hundred _panas_; but, two hundred, one who brings a false charge against [a woman]. Whoso has carnal knowledge of a brute animal shall forfeit one hundred _panas_; if of a lowest cast woman[370] or of a cow, the middle fine.

Permalink

290. If a man[371] have carnal intercourse with female slaves or servants, or even with common women, [such slaves, &c.] being kept [by those to whom they belong] secluded,[372] he shall pay a fine of fifty _panas._

Permalink

291. For forcing a female slave,[373] it is written, there shall be a fine of ten _panas_; if many [men so] attack one slave, each one shall pay twenty-four _panas._

Permalink

292. A public woman who refuses after taking her hire, shall forfeit twice the amount; so, if the man [decline after contracting, yet] he shall pay.

Permalink

293. Whoso knows a woman unnaturally, or voids his water upon a man, also one who has carnal knowledge of a female mendicant, shall be fined twenty-four _panas._

Permalink

294. [The monarch] shall banish him who goes to a woman of the lowest grade, having branded him with dishonoring emblems: if a Sudra so act, he shall be [classed among] the lowest. Death shall be to the man of lowest grade who goes to a respectable woman.

Permalink

295. Whoso fabricates a royal grant,[374] be it for much or little, or sets free one who has kidnapped a woman, shall pay the highest fine.

Permalink

296. One who brings dishonor to a brahman by giving as food what is unfit to be eaten, is amenable to the highest fine; if to a kshattriya, the medium fine; if to a vaisya, the lowest fine; if to Sudra, half the lowest.

Permalink

297. If one trade with counterfeit gold, or sell tainted meat; three of his members[375] shall be amputated, and he shall pay the highest fine.

Permalink

Open interactive reader

Public domain in the USA; copyright laws elsewhere may differ. AI interpretations are separate from the original historical text.