Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya — John Shaqi
Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
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
_krôsh_[355] skirting five villages [all shall pay]; so of ten
villages.
273. House-breakers,[356] they who steal horses or elephants,
murderers by open violence--such shall be impaled.
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.
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]
276. One who knowingly supplies a thief or a murderer with food,
shelter, fire, water, counsel, implements, or money, incurs the
highest fine.[361]
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.
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.
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]
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,
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.
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.
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],
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]
285. The wife, if [so acting] after express prohibition, shall pay one
hundred _paṇas_ fine; the man, two hundred _paṇas_: if both have
been expressly prohibited [so demeaning themselves], their punishment
shall be the same as for adultery.[366]
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.
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