Kautilya's Arthashastra, translated by R. Shamasastry

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CHAPTER XII. CONCERNING DEPOSITS.

THE rules concerning debts shall also apply to deposits. Whenever forts or country parts are destroyed by enemies or wild tribes; whenever villages, merchants, or herds of cattle are subjected to the inroads of invaders; whenever the kingdom itself is destroyed; whenever extensive fires or floods bring about entire destruction of villages, or partly destroy immovable properties, movable properties having been rescued before; whenever the spread of fire or rush of floods is so sudden that even movable properties could not be removed; or whenever a ship laden with commodities is either sunk or plundered (by pirates); deposits lost in any of the above ways shall not be reclaimed. The depositary who has made use of the deposit for his own comfort shall not only pay a compensation (bhogavetanam) to be fixed after considering the circumstances of the place and time but also a fine of 12 panas. Not only shall any loss in the value of the deposit, due to its use, be made good, but a fine of 24 panas also be paid. Deposits damaged or lost in any way shall also be made good. When the depositary is either dead or involved in calamities, the deposit shall not be sued for. If the deposit is either mortgaged or sold or lost, the depositary shall not only restore four times its value, but pay a fine of five times the stipulated value (pancbabandho dandah). If the deposit is exchanged for a similar one (by the depositary), or lost in any other way, its value shall be paid.

(Pledges.)

The same rules shall hold good in the case of pledges whenever they are lost, used up, sold, mortgaged, or misappropriated.

A pledge, if productive, i.e. (a usufructory mortgage), shall never be lost to the debtor (nádhissopakárassídet), nor shall any interest on the debt be charged; but if unproductive (i.e., hypothecation), it may be lost, and interest on the debt shall accumulate. The pledgee who does not re-convey the pledge when the debtor is ready for it shall be fined 12 panas.

In the absence of the creditor or mediator (prayojahásannidhána), the amount of the debt may be kept in the custody of the elders of the village and the debtor may have the pledged property redeemed; or with its value fixed at the time and with no interest chargeable for the future, the pledge may be left where it is. When there is any rise in the value of the pledge or when it is apprehended that it may be depriciated or lost in the near future, the pledgee may, with permission from the judges (dharmasthas), or on the evidence furnished by the officer in charge of pledges (ádhipálapratyayo vá), sell the pledge either in the presence of the debtor or under the presidency of experts who can see whether such apprehension is justified.

An immovable property, pledged and enjoyable with or without labour (prayásabhogyhah phalabhogyová), shall not be caused to deteriorate in value while yielding interest on the money lent, and profit on the expenses incurred in maintaining it.

The pledgee who enjoys the pledge without permission shall not only pay the net profit he derived from it, but also forfeit the debt. The rules regarding deposits shall hold good in other matters connected with pledges.

(Property entrusted to another for delivery to a third person.)

The same rules shall apply to orders (ádesa), and property entrusted for delivery to a third person (anvádhi).

If, through a merchant, a messenger is entrusted with a property for delivery to a third person (anvádhihasta) and such messenger does not reach the destined place, or is robbed of the property by thieves, the merchant shall not be responsible for it; nor shall a kinsman of the messenger who dies on his way be responsible for the property.

For the rest, the rules regarding deposits shall also hold good here.

(Borrowed or hired properties.)

Properties either borrowed (yáchitakam) or hired (avakrítakam) shall be returned as intact as they were when received. If owing to distance in time or place, or owing to some inherent defects of the properties or to some unforeseen accidents, properties either borrowed or hired are lost or destroyed, they need not be made good. The rules regarding deposits shall also apply here.

(Retail sale.)

Retail dealers, selling the merchandise of others at prices prevailing at particular localities and times shall hand over to the wholesale dealers as much of the sale proceeds and profit as is realised by them. The rules regarding pledges shall also apply here. If owing to distance in time or place there occurs any fall in the value of the merchandise, the retail dealers shall pay the value and profit at that rate which obtained when they received the merchandise.

Servants selling commodities at prices prescribed by their masters shall realise no profit. They shall only return the actual sale proceeds. If prices fall, they shall pay only as much of the sale proceeds as is realised at the low rate.

But such merchants as belong to trade-guilds (samvyavaharikeshu) or are trustworthy and are not condemned by the king need not restore even the value of that merchandise which is lost or destroyed owing to its inherent defects or to some unforeseen accidents. But of such merchandise as is distanced by time or place, they shall restore as much value and profit as remains after making allowance for the wear and tear of the merchandise.

For the rest the rules regarding deposits shall apply here. It explains retail sale.

(Sealed deposits.)

The rules laid down concerning unsealed deposits (upanidhis) shall apply to sealed deposits also. A man handing over a sealed deposit to other than the real depositor shall be punished. In the case of a depositary's denial of having received a deposit, the antecedent circumstances (púrvápadánam) of the deposit and (the character and social position of) the depositor are the only evidences. Artisans (káravah) are naturally of impure character. It is not an approved custom with them to deposit for some reliable reason.

When a depositary denies having received a sealed deposit which was not, however, deposited for any reasonable cause, the depositor may obtain secret permission (from the judges) to produce such witnesses as he might have stationed under a wall (gúdhabhitti) while depositing.

In the midst of a forest or in the middle of a voyage an old or afflicted merchant might with confidence put in the custody of a depositary some valuable article with certain secret mark, and go on his way. On his sending this information to his son or brother, the latter may ask for the sealed deposit. If the depositary does not quietly return it, he shall not only forfeit his credit, but be liable to the punishment for theft besides being made to restore the deposit.

A reliable man, bent on leaving this world and becoming an ascetic, may place a certain sealed deposit with some secret mark in the custody of a man, and, returning after a number of years, ask for it. If the depositary dishonestly denies it, he shall not only be made to restore it, but be liable to the punishment for theft.

A childish man with a sealed deposit with some secret mark may, while going through a street at night, feel frightened at his being captured by the police for untimely walking, and, placing the deposit in the custody of a man, go on his way. But subsequently put into the jail, he may ask for it. If the depositary dishonestly denies, he shall not only be made to restore it, but be liable to the punishment for theft.

By recognising the sealed deposit in the custody of a man, any one of the depositor's family may probably ask not only for the deposit, but also for information as to the whereabouts of the depositor. If the custodian denies either, he shall be treated as before.

In all these cases, it is of first importance to inquire how the property under dispute came in one's possession, what are the circumstances connected with the various transactions concerning the property and what is the status of the plantiff in society as to wealth (arthasámarthyam).

The above rules shall also apply to all kinds of transaction between any two persons (mithassamaváyah).

* Hence before witnesses and with no secrecy whatever, shall all kinds of agreements be entered into; either with one's own or different people, shall the circumstances of the time and place be minutely considered first.

[Thus ends Chapter XII “Concerning Deposits” in Book III, “Concernig Law” of the Arthasástra of Kautilya. End of the sixty-ninth chapter from the beginning.]

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CHAPTER XIII. RULES REGARDING SLAVES AND LABOURERS.

THE selling or mortgaging by kinsmen of the life of a Súdra who is not a born slave, and has not attained majority, but is an Arya in birth shall be punished with a fine of 12 panas; of a Vaisya, 24 panas; of a Kshatriya, 36 panas; and of a Bráhman, 48 panas. If persons other than kinsmen do the same, they shall be liable to the three amercements and capital punishment respectively: purchasers and abettors shall likewise be punished. It is no crime for Mlechchhas to sell or mortgage the life of their own offspring. But never shall an Arya be subjected to slavery.

But if in order to tide over family troubles, to find money for fines or court decrees, or to recover the (confiscated) household implements, the life of an Arya is mortgaged, they (his kinsmen) shall as soon as possible redeem him (from bondage); and more so if he is a youth or an adult capable of giving help.

Any person who has once voluntarily enslaved himself shall, if guilty of an offence (nishpatitah), be a slave for life. Similarly, any person whose life has been twice mortgaged by others shall, if guilty of an offence, be a slave for life. Both of these two sorts of men shall, if they are once found desirous to run away to foreign countries, be slaves for life.

Deceiving a slave of his money or depriving him of the privileges he can exercise as an Arya (Aryabhava), shall be punished with half the fine (levied for enslaving the life of an Arya).

A man who happens to have taken in mortgage the life of a convict, or of a dead or an afflicted man shall be entitled to receive back (from the mortgager) the value he paid for the slave.

Employing a slave to carry the dead or to sweep ordure, urine, or the leavings of food; keeping a slave naked; or hurting or abusing him; or violating (the chastity of) a female slave shall cause the forfeiture of the value paid for him or her. Violation (of the chastity) of nurses, female cooks, or female servants of the class of joint cultivators or of any other description shall at once earn their liberty for them. Violence towards an attendant of high birth shall entitle him to run away. When a master has connection with a nurse or pledged female slave against her will, he shall be punished with the first amercement; a stranger doing the same shall be punished with the middlemost amercement. When a man commits or helps another to commit rape with a girl or a female slave pledged to him, he shall not only forfeit the purchase value, but also pay a certain amount of money (sulka) to her and a fine of twice the amount (of sulka to the Government).

The offspring of a man who has sold off himself as a slave shall be an Arya. A slave shall be entitled to enjoy not only whatever he has earned without prejudice to his master’s work, but also the inheritance he has received from his father.

On paying the value (for which one is enslaved), a slave shall regain his Aryahood. The same rule shall apply either to born or pledged slaves.

The ransom necessary for a slave to regain his freedom is equal to what he has been sold for. Any person who has been enslaved for fines or court decrees (dandapranítah) shall earn the amount by work. An Arya, made captive in war shall for his freedom pay a certain amount proportional to the dangerous work done at the time of his capture, or half the amount.

If a slave who is less than eight years old and has no relatives, no matter whether he is born a slave in his master's house, or fell to his master's share of inheritance, or has been purchased or obtained by his master in any other way, is employed in mean avocations against his will or is sold or mortgaged in a foreign land; or if a pregnant female slave is sold or pledged without any provision for her confinement, his or her master shall be punished with the first amercement. The purchaser and abettors shall likewise be punished.

Failure to set a slave at liberty on the receipt of a required amount of ransom shall be punished with a fine of 12 panas; putting a slave under confinement for no reason (samrodhaschákaranát) shall likewise be punished.

The property of a slave shall pass into the hands of his kinsmen; in the absence of any kinsmen, his master shall take it.

When a child is begotten on a female slave by her master, both the child and its mother shall at once be recognised as free. If for the sake of subsistence, the mother has to remain in her bondage, her brother and sister shall be liberated.

Selling or mortgaging the life of a male or a female slave once liberated shall be punished with a fine of 12 panas with the exception of those who enslave themselves. Thus the rules regarding slaves.

(Power of Masters over their hired servants.)

Neighbours shall know the nature of agreement between a master and his servant. The servant shall get the promised wages. As to wages not previously settled the amount shall be fixed in proportion to the work done and the time spent in doing it (karmakálánurúpam = at the rate prevailing at the time.) Wages being previously unsettled, a cultivator shall obtain 1/10th of the crops grown, a herdsman 1/10th of the butter clarified, a trader 1/10th of the sale proceeds. Wages previously settled shall be paid and received as agreed upon.

Artisans, musicians, physicians, buffoons, cooks, and other workmen, serving of their own accord, shall obtain as much wages as similar persons employed elsewhere usually get or as much as experts (kusaláh) shall fix.

Disputes regarding wages shall be decided on the strength of evidences furnished by witnesses. In the absence of witnesses, the master who has provided his servant with work shall be examined. Failure to pay wages shall be punished with a fine of ten times the amount of wages (dasabandhah), or 6 panas; misappropriation of wages shall be punished with a fine of 12 panas or of five times the amount of the wages (panchabandho vá).

Any person who, while he is being carried away by floods, or is caught in a fire, or is in danger from elephants or tigers, is rescued on his promise to offer to his rescuer not only the whole of his property, but also his sons, wife, and himself as slaves, shall pay only as much as will be fixed by experts. This rule shall apply to all cases where help of any kind is rendered to the afflicted.

* A public woman shall surrender her person as agreed upon; but insistence on the observance of any agreement which is ill-considered and improper shall not succeed.

[Thus ends Chapter XIII, “Rules regarding slaves” in the section of “Rules regarding slaves” and the "Right of Masters” in the section of “Rules regarding Labourers” in Book III, “Concerning Law” of the Arthasástra of Kautilya. End of the seventieth chapter from the beginning.]

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CHAPTER XIV. RULES REGARDING LABOURERS; AND CO-OPERATIVE UNDERTAKING.

A servant neglecting or unreasonably putting off work for which he has received wages shall be fined 12 panas and be caught-hold of till the work is done. He who is incapable to turn out work, or is engaged to do a mean job, or is suffering from disease, or is involved in calamities shall be shown some concession or allowed to get the work done by a substitute. The loss incurred by his master or employer owing to such delay shall be made good by extra work.

An employer may be at liberty to get the work done by (another) provided there is no such adverse condition that the former shall not employ another servant to execute the work, nor shall the latter go elsewhere for work.

An employer not taking work from his labourer or an employee not doing his employers work shall be fined 12 panas. An employee who has received wages to do a certain work which is however, not brought to termination shall not, of his own accord, go elsewhere for work.

My preceptor holds that not taking work on the part of an employer from his employee when the latter is ready, shall be regarded as work done by the labourer.

But Kautilya objects to it; for wages are to be paid for work done, but not for work that is not done. If an employer, having caused his labourer to do a part of work, will not cause him to do the rest for which the latter may certainly be ready, then also the unfinished portion of the work has to be regarded as finished. But owing to consideration of changes that have occurred in time and place or owing to bad workmanship of the labourer, the employer may not be pleased with what has already been turned out by the labourer. Also the workman may, if unrestrained, do more than agreed upon and thereby cause loss to the employer.

The same rules shall apply to guilds of workmen (sanghabhritáh.)

Guilds of workmen shall have a grace of seven nights over and above the period agreed upon for fulfilling their engagement. Beyond that time they shall find substitutes and get the work completed. Without taking permission from their employer, they shall neither leave out anything undone nor carry away anything with them from the place of work. They shall be fined 24 panas for taking away anything and 12 panas for leaving out anything undone. Thus the Rules regarding labourers.

Guilds of workmen (sanghabhritáh, workmen employed by Companies) as well as those who carry on any cooperative work (sambhúya samutthátarah) shall divide their earnings (vetanam = wages) either equally or as agreed upon among themselves.

Cultivators or merchants shall, either at the end or in the middle of their cultivation or manufacture, pay to their labourers as much of the latter's share as is proportional to the work done. If the labourers, giving up work in the middle, supply substitutes, they shall be paid their wages in full.

But when commodities are being manufactured, wages shall be paid out according to the amount of work turned out; for such payment does not affect the favourable or unfavourable results on the way (i.e., in the sale of merchandise by peddlars).

A healthy person who deserts his company after work has been begun shall be fined 12 panas; for none shall, of his own accord, leave his company. Any person who is found to have neglected his share of work by stealth shall be shown mercy (abhayam) for the first time and given a proportional quantity of work anew with promise of proportional share of earnings as well. In case of negligence for a second time or of going elsewhere, he shall be thrown out of the Company (pravásanam). If he is guilty of a glaring offence (maháparádhe), he shall be treated as the condemned.

(Co-operation in sacrificial acts.)

Priests cooperating in a sacrifice shall divide their earnings either equally or as agreed upon excepting what is especially due to each or any of them. If a priest employed in such sacrifices as Agnishtoma, etc., dies after the ceremony of consecration, (his claimant) shall get 1/5th of the promised or prescribed present (dakshiná); after the ceremony consecrating the purchase of Soma, ¼th of the present; after the ceremony called Madhyamopasad; or Pravargyodvásana, 1/3rd of the present; and after the ceremony called Maya, ½ of the share. If in the sacrifice called Sutya, the same thing happens after the ceremony called Prátassavana, ¾ths, of the share shall be paid; after the ceremony called Madhyandina, the present shall be paid in full; for by that time the payment of presents shall be over. In every sacrifice except the one called Brihaspatisavana, it is usual to pay presents. The same rule shall apply to the presents payable in Aharganas, sacrifices so called.

The surviving priests carrying the balance of the present or any other relatives of a dead priest shall perform the funeral ceremony of the dead for ten days and nights.

If the sacrificer himself (he who has instituted the sacrifice) dies, then the remaining priests shall complete the sacrifice and carry away the presents. If a sacrificer sends out any priest before completing the sacrifice, he shall be punished with the first amercement. If a sacrificer sending out a priest happens to be a person who has not kept the sacrificial fire, or to be a preceptor or one who has already performed sacrifices, then the fines shall be 100, 1000, and 1000 panas respectively.

* As it is certain that sacrificial merits fall in value when performed in company with a drunkard, the husband of a Súdra woman, a murderer of a Bráhman, or one who has violated the chastify of the wife of his preceptor, a receiver of condemnable gifts, or is a thief, or one whose performance of sacrificial acts is condemnable, it is no offence to send out such a priest.

[Thus ends Chapter XIV, “Rules regarding labourers, and Co-operative undertaking” in the section of “Rules regarding slaves and labourers,” in Book III, “Concerning Law” of the Arthasástra of Kautilya. End of the seventy-first chapter from the beginning.]

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CHAPTER XV. RESCISSION OF PURCHASE AND SALE.

A merchant refusing to give his merchandise that he has sold shall be punished with a fine of 12 panas, unless the merchandise is naturally bad, or is dangerous, or is intolerable.

That which has inherent defects is termed naturally bad; whatever is liable to be confiscated by the king, or is subject to destruction by thieves, fire, or floods is termed as being dangerous; and whatever is devoid of all good qualities, or is manufactured by the deceased is called intolerable.

Time for rescission of a sale is one night for merchants; 3 nights for cultivators; 5 nights for herdsmen; and with regard to the sale or barter of precious things and articles of mixed qualities (vivrittivikraye), 7 nights.

Merchandise which is likely to perish sooner may, if there is no loss to others, be shown the favour of early disposal by prohibiting the sale elsewhere of similar merchandise which is not likely to perish so soon. Violation of this rule shall be punished with a fine of 24 panas or 1/10th of the value of the merchandise sold against this rule.

A person who attempts to return an article purchased by him shall if the article is other than what is naturally bad, or is dangerous, or is intolerable, be punished with a fine of 12 panas. The same rescission rules that apply to a seller shall apply to the purchaser also.

(Marriage Contracts)

[As regards marriages among the three higher castes, rejection of a bride before the rite of pánigrahana, clasping of hands, is valid; likewise among the Súdras, observing religious rites. Even in the case of a couple that has gone through the rite of pánigrahana,] rejection of a bride whose guilt of having lain with another man has been afterwards detected is valid. But never so in the case of brides and bridegrooms of pure character and high family. Any person who has given a girl in marriage without announcing her guilt of having lain with another shall not only be punished with a fine of 96 panas, but also be made to return the sulka and strídhana. Any person receiving a girl in marriage without announcing the blemishes of the bridegroom shall not only pay double the above fine, but also forfeit the sulka and strídhana (he paid for the bride).

(Sale of bipeds, etc.)

Sale of bipeds and quadrupeds as strong, healthy, and clean though they are either unclean or actually suffering from leprosy and other diseases, shall be punished with a fine of 12 panas. The time of rescission of sale is three fortnights for quadrupeds and one year for men; for it is possible to know by that time their good or bad condition.

* An assembly convened for the purpose shall, in the matter of rescending sales or gifts, decide in such a way that neither the giver nor the receiver shall be injured thereby.

[Thus ends Chapter XV, “Rescission of purchase and sale” in Book III, “Concerning Law” of the Arthasástra of Kautilya. End of the seventy-second chapter from the beginning.]

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CHAPTER XVI. RESUMPTION OF GIFTS, SALE WITHOUT OWNERSHIP AND OWNERSHIP.

RULES concerning recovery of debts shall also apply to resumption of gifts. Invalid gifts shall be kept in the safe custody of some persons. Any person who has given as gift not only his whole property, his sons, and his wife, but also his own life shall bring the same for the consideration of rescissors. Gifts or charitable subscriptions to the wicked or for unworthy purposes, monetary help to such persons as are malevolent or cruel, and promise of sexual enjoyment to the unworthy shall be so settled by rescissors that neither the giver nor the receiver shall be injured thereby.

Those who receive any kind of aid from timid persons, threatening them with legal punishment, defamation, or loss of money, shall be liable to the punishment for theft; and the persons who yield such aids shall likewise be punished.

Co-operation in hurting a person, and showing a haughty attitude towards the king shall be punished with the highest amercement. No son, or heir claiming a dead man’s property shall, against his own will, pay the value of the bail borne by the dead man (prátibhávyadanda), the balance of any dowry (sulkasesha), or the stakes of gambling; nor shall he fulfill the promise of gifts made by the dead man under the influence of liquor or love. Thus resumption of gifts is dealt with.

(Sale without ownership.)

As regards sale without ownership:--On the detection of a lost property in the possession of another person, the owner shall cause the offender to be arrested through the judges of a court. If time or place does not permit this action, the owner himself shall catch hold of the offender and bring him before the judges. The judge shall put the question; how the offender came by the property. If he narrates how he got it, but cannot produce the person who sold it to him, he shall be left off, and shall forfeit the property. But the seller, if produced, shall not only pay the value of the property, but also be liable to the punishment for theft.

If a person with a stolen property in his possession runs away or hides himself till the property is wholly consumed, he shall not only pay the value, but also be liable to the punishment for theft.

After proving his claim to a lost property (svakaranam kritva), its owner shall be entitled to take possession of it. On his failure to prove his title to it, he shall be fined 5 times the value of the property, (panchabandhadandah), and the property shall be taken by the king.

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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CHAPTER XVII. ROBBERY.

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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CHAPTER XVIII. DEFAMATION.

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.

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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CHAPTER XIX. ASSAULT.

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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CHAPTER XX. GAMBLING AND BETTING AND MISCELLANEOUS OFFENCES.

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.

The Superintendent shall take not only 5 per cent of the stakes won by every winner, and the hire payable for supplying dice and other accessories of diceplay, but also the fee chargeable for supplying water and accommodation, besides the charge for license.

He can at the same time carry on the transactions of sale or mortgage of things. If he does not forbid tricks of hand and other deceitful practices, be shall be punished with twice the amount of the fine (levied from the deceitful gamblers.)

The same rules shall apply to betting and challenging except those in learning and art.

(Miscellaneous offences.)

As regards miscellaneous offences:--

When a person does not return in required place or time the property he has borrowed or hired, or placed in his custody as a deposit, sits under the shade for more than one and a quarter of an hour (ayáma) as prescribed, evades under the excuse of being a Bráhman the payment due while passing military stations or crossing rivers, and bawls out or invites others to fight against his neighbours, he shall be punished with a fine of 12 panas.

When a person does not hand over the property entrusted to him for delivery to a third person, drags with his hand the wife of his brother, has connection with a public woman kept by another, sells merchandise that is under ill repute, breaks open the sealed door of a house, or causes hurt to any of the forty-house-holders or neighbours, a fine of 48 panas shall be imposed.

When a person misappropriates the revenue he collects as the agent of a household, violates by force the chastity of a widow of independent living, when an outcast (chandála) person touches an Arya woman, when a person does not run to render help to another in danger, or runs without a cause, and when a person entertains, in dinner dedicated to gods or ancestors Buddhists (sákya,) Ajívakas, Súdras and exiled persons, (pravrajita) a fine of 100 panas shall be imposed.

When an unauthorised person examines (an offender) on oath, executes Government work though not a Government servant, renders minor quadrupeds impotent, or causes abortion to a female slave by medicine, he shall be punished with the first amercement.

When between father and son, husband and wife brother and sister, maternal uncle and nephew or teacher and student, one abandons the other while neither of them is an apostate; and when a person abandons in the centre of a village another person whom he brought there for his own help, the first amercement shall be levied.

When a person abandons his companion in the midst of a forest, he shall be punished with the middle-most amercement.

When a person threatens and abandons his companion in the midst of a forest, he shall be punished with the highest amercement.

Whenever persons who have started together on some journey abandon one another as above, half of the above fine shall be levied.

When a person keeps or causes to keep another person in illegal confinement, releases a prisoner from prison, keeps or causes another to keep a minor in confinement, he shall be punished with a fine of 1000 panas.

The rates of fines shall vary in accordance with the rank of persons concerned and the gravity of the crimes.

Such persons as a pilgrim, an ascetic engaged in penance, a diseased person, any one suffering from hunger, thirst, or fatigue from journey, a villager from country parts, any one that has suffered much from punishment and a money-less pauper shall be shown mercy.

Such transactions as pertain to gods, Bráhmans, ascetics, women, minors, aged persons, diseased persons and helpless creatures shall, though not be complained of, be settled by the judges themselves; and in such transactions as the above, excuses due to time, place, or possession shall not be pleaded.

Such persons as are noted for their learning, intelligence, bravery, high birth, or magnificent works shall be honoured.

* Judges shall thus settle disputes free from all kinds of circumvention, with mind unchanged in all moods or circumstances, pleasing and affable to all.

[Thus ends Chapter XX, “Gambling, Betting, and Miscellaneous”, in Book III, “Concerning Law” of the Arthasástra of Kautilya. End of the seventy-seventh chapter from the beginning. With this, ends the third Book “Concerning Law” of the Arthasástra of Kautilya.]

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Kautilya's Arthashastra: Book IV, "The Removal of Thorns"

CHAPTER I. PROTECTION OF ARTISANS.

THREE Commissioners (pradeshtárah) or three ministers shall deal with measures to suppress disturbance to peace (kantakasodhanam kuryuh).

Those who can be expected to relieve misery, who can give instructions to artisans, who can be trusted with deposits, who can plan artistic work after their own design, and who can be relied upon by guilds of artisans, may receive the deposits of the guilds. The guilds (srení) shall receive their deposits back in time of distress.

Artisans shall, in accordance. with their agreement as to time, place, and form of work, fulfill their engagements. Those who postpone their engagements under the excuse that no agreement as to time, place and form of work has been entered into shall, except in troubles and calamities, not only forfeit ¼th of their wages, but also be punished with a fine equal to twice the amount of their wages. They shall also make good whatever is thus lost or damaged. Those who carry on their work contrary to orders shall not only forfeit their wages, but also pay a fine equal to twice the amount of their wages.

(Weavers.)

Weavers shall increase the threads (supplied to them for weaving cloths) in the proportion of 10 to 11 (dasaikádasikam). They shall otherwise, not only pay either a fine equal to twice the loss in threads or the value of the whole yarn, but also forfeit their wages. In weaving linen or silk cloths (kshaumakauseyánam), the increase shall be 1 to 1½. In weaving fibrous or woollen garments or blankets (patronakambáladukúlánám), the increase shall be 1 to 2.

In case of loss in length, the value of the loss shall be deducted from the wages and a fine equal to twice the loss shall be imposed. Loss in weight (tuláhíne) shall be punished with a fine equal to four times the loss. Substitution of other kind of yarn, shall be punished with a fine equal to twice the value of the original.

The same rules shall apply to the weaving of broad cloths (dvipatavánam).

The loss in weight in woollen threads due to threshing or falling of hair is 5 palas.

(Washermen.)

Washermen shall wash clothes either on wooden planks or on stones of smooth surface. Washing elsewhere shall not only be punished with a fine of 6 panas, but also be subject for the payment of a compensation equal to the damage.

Washermen wearing clothes other than such as are stamped with the mark of a cudgel shall be fined three panas. For selling, mortgaging, or letting out for hire the clothes of others, a fine of 12 panas shall be imposed.

In case of substitution of other clothes, they shall not only be punished with a fine equal to twice the value of the clothes, but also be made to restore the true ones.

For keeping for more than a night clothes which are to be made as white as a jasmin flower, or which are to attain the natural colour of their threads on washing on the surface of stones, or which are to be made whiter merely by removing their dirt by washing, proportional fines shall be imposed. For keeping for more than 5 nights such clothes as are to be given thin colouring, for more than six nights such as are to be made blue, for more than 7 nights such as are to be made either as white as flowers or as beautiful and shiny as lac, saffron, or blood and such clothes as require much skill and care in making brilliant, wages shall be forfeited.

Trustworthy persons shall be judges in disputes regarding colour and experts shall determine the necessary wages.

For washing the best garments, the wages shall be one pana; for those of middle quality, half a pana; and for those of inferior quality ¼th of a pana.

For rough washing on big stones, the wages shall be ⅛th of a pana.

[In the first wash of red-coloured clothes, there is a loss of ¼th part (of the colour); in the second wash, 1/5th part. This explains subsequent losses. The rules pertaining to washermen are also applicable to weavers.

Goldsmiths who, without giving information (to the government), purchase from unclean hands silver or golden articles without changing the form of the articles shall be fined 12 panas; if they do the same changing the form of the articles (i.e., melting), they shall be fined 24 panas; if they purchase the same from the hands of a thief, they shall be fined 48 panas; if they purchase an article for less than its value after melting it in secret, they shall be liable to the punishment for theft; likewise for deception with manufactured articles. When a goldsmith steals from a suvarna gold equal to the weight of a másha (1/16th of a suvarna), he shall be punished 200 panas; when he steals from a silver dharana silver equal to the value of a másha, he shall be fined 12 panas. This explains the proportional enhancement of punishments. When a goldsmith removes the whole amount of the gold (karsha) from a suvarna by apasárana method or by any other deceiptful combination (yoga), he shall be punished with a fine of 500 panas. In case of contaminating them (gold and silver) in any way, the offence shall be regarded as loss of their intrinsic colour.

One másha shall be the fee for the manufacture of a silver dharana; for the manufacture of a suvarna, ⅛th of the same; or fees may be increased to twice the above according to the skill of the manufacturer. This explains the proportional increase of fees.

Fees for the manufacture of articles from copper, brass, vaikrinataka, and árakúta shall be five percent. In the manufacture of articles from copper (?), 1/10th of the copper will be lost. For the loss of a pala in weight, a fine of twice the loss shall be imposed. This explains the proportional increase of punishments. In the manufacture of articles from lead and tin, 1/20th of the mass will be lost. One kákani shall be the fee for manufacturing an article of a pala in weight of the above. In the manufacture of articles from iron, 1/5th of the mass will be lost; two kákanis shall be the fee for manufacturing an article of a pala in weight from iron. This explains the proportional increase of fees.

When the examiner of coins declares an unacceptable current coin to be worthy of being entered into the treasury or rejects an acceptable current coin, he shall be fined 12 panas. When the examiner of coins misappropriates a másha from a current coin of a pana, the tax, (Vyájí) of five percent on the coin having been duly paid, he shall be fined 12 panas. This explains the proportional increase of fines. When a person causes a counterfeit coin to be manufactured, or accepts it, or exchanges it, he shall be fined 1,000 panas; he who enters a counterfeit coin into the treasury shall be put to death.]

(Scavengers.)

Of whatever precious things sweepers come across while sweeping, one-third shall be taken by them and two-thirds by the king. But precious stones shall be wholly surrendered to the king. Seizure of precious stones shall be punished with the highest amercement.

A discoverer of mines, precious stones, or treasure troves shall, on supplying the information to the king, receive 1/6th of it as his share; but if the discoverer happens to be a peon (bhritaka), his share shall be only 1/12th of it.

Treasure troves valued beyond 100,000 shall wholly be taken by the king. But if they are of less value, the discover shall receive 1/6th of it as his share.

Such treasure troves as a man of pure and honest life can prove to be his ancestral property shall wholly be taken by the man himself. Taking possession of a treasure trove without establishing such claim shall be punished with a fine of 500 panas. Taking possession of the same in secret shall be punished with a fine of 1,000 panas.

(Medical Practice).

Physicians undertaking medical treatment without intimating (to the government) the dangerous nature of the disease shall, if the patient dies, be punished with the first amercement. If the death of a patient under treatment is due to carelessness in the treatment, the physician shall be punished with the middle-most amercement. Growth of disease due to negligence or indifference (karmavadha) of a physician shall be regarded as assault or violence.

(Musicians).

Bands of musicians (kúsílavah) shall, during the rainy season, stay in a particular place. They shall strictly avoid giving too much indulgence or causing too much loss (atipátam) to any one. Violation of the above rule shall be punished with a fine of 12 panas. They may hold their performances to their liking in accordance with the procedure of their country, caste, family, profession, or copulation.

The same rules shall apply to dancers, dumb-players and other mendicants.

For offences, mendicants shall receive as many lashes with an iron rod as the number of panas imposed on them.

Wages for the works of other kinds of artisans shall be similarly determined.

* Thus traders, artisans, musicians, beggers, buffoons and other idlers who are thieves in effect though not in name shall be restrained from oppression on the country.

[Thus ends Chapter I, “Protection of artisans” in Book IV, “The Removal of Thorns” of the Arthasástra of Kautilya. End of the seventy-eighth chapter from the beginning.]