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Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

啶�啷屶ぃ啷嵿ぁ啷嵿く啶� 啶�啷嵿ぐ啶距ぃ啶距え啷嵿い啶苦�曕�� 啶︵ぃ啷嵿ぁ啷� 啶�啷嵿ぐ啶距す啷嵿ぎ啶｀じ啷嵿�� 啶掂た啶о��啶�啶む�� 啷�
啶囙い啶班�囙し啶距�� 啶む�� 啶掂ぐ啷嵿ぃ啶距え啶距�� 啶︵ぃ啷嵿ぁ啶� 啶�啷嵿ぐ啶距ぃ啶距え啷嵿い啶苦�曕�� 啶�啶掂�囙い啷� 啷� 啷┼キ啷� 啷�

mau峁囜笉ya峁� 辫谤腻峁嚹乶迟颈办补峁� da峁囜笉o br膩hma峁嘺sya vidh墨yate |
itare峁Ｄ佱箖 tu var峁嚹乶膩峁� da峁囜笉a岣� pr膩峁嚹乶tiko bhavet || 379 ||

Tonsure has been prescribed as the death-penalty for the 叠谤腻丑尘补峁嘺; for other castes the penalty would be actual death.鈥�(379)

 

Medh膩tithi鈥檚 commentary (manubh膩峁�ya):

In cases where 鈥榙eath鈥� has been laid down for the 碍峁�a迟谤颈测补 and other castes, it is to be 鈥榯onsure鈥� for the 叠谤腻丑尘补峁嘺. For instance, for adultery, the non-叠谤腻丑尘补峁嘺 deserves the death-penalty,鈥攖he general rule being that 鈥榯he male shall be flayed.鈥�

The term 鈥�辫谤腻峁嚹乶迟补办补鈥� is to be explained as pr膩峁嚹乶膩m antam gacchati or 鈥�pr膩峁嚹乶膩mant?m karoti,鈥欌赌�that which brings about the end of life; the form being formed with the 鈥�峁噕耻濒鈥� affix.

Others read 鈥�辫谤腻峁嚹乶迟颈办补鈥�;鈥攊n which case the affix is 鈥�峁环补帽,鈥欌赌攖he meaning being 鈥榬elating to death.鈥�

鈥�For the other castes鈥欌赌攖丑别 碍峁�a迟谤颈测补 and others, except the 叠谤腻丑尘补峁嘺,鈥斺赌�it is to be actual death.鈥�

Putting to death having already been prescribed before, the present text has been taken as serving the purpose of putting forward the injunction of tonsure and the fine of one thousand, as supplementary to the former injunction. Otherwise, in as much as the death penalty has not been prescribed for the 叠谤腻丑尘补峁嘺, what would be the occasion for declaring that 鈥楾onsure is the death-penalty for the 叠谤腻丑尘补峁嘺?鈥�

It might be argued that the possibility of death-penalty for the 叠谤腻丑尘补峁嘺 is indicated by the general law that 鈥榯he man should be flayed.鈥欌��

But in that case the substitute should have been put forward in that same connection; so that the connection of the two could be clearly perceived.鈥�(379).

 

Explanatory notes by Ganganath Jha

This verse is quoted in 痴颈惫腻诲补谤补迟苍腻办补谤补 (p. 393), which adds the explanation that 鈥榝or an offence in connection with which death penalty has been prescribed, the 叠谤腻丑尘补峁嘺 shall only have his head shaved鈥�;鈥攊n 笔补谤腻艣补谤补尘腻诲丑补惫补 (膧c膩ra, p. 399);鈥攊n 笔补谤腻艣补谤补尘腻诲丑补惫补 (Vyavah膩ra, p. 159);鈥攊n 础辫补谤腻谤办补 (p. 681), which adds that banishment from the city and such other penalties are equal to the death-penalty, so far as the 叠谤腻丑尘补峁嘺 is concerned;鈥攊n 痴测补惫补丑腻谤补-叠腻濒补尘产丑补峁�峁�墨 (p. 115);鈥攁nd in 痴墨谤补尘颈迟谤辞诲补测补 (Vyavah膩ra, 58b).

 

Comparative notes by various authors

(verses 8.379-381)

Gautama (8.13).鈥斺�楾he 叠谤腻丑尘补峁嘺 who is well-versed in his dharma must not be subjected to corporal punishment; he must not be imprisoned; he must not be fined; he must not be exiled; he must not be reviled; he must not be excluded.鈥�

叠补耻诲丑腻测补苍补 (1.18.17).鈥斺�楢 叠谤腻丑尘补峁嘺, forsooth, shall not suffer corporal punishment for any offence.鈥�

痴颈峁ａ箛耻 (5.2-3).鈥斺�業n the case of a 叠谤腻丑尘补峁嘺, no corporal punishment must be inflicted; a 叠谤腻丑尘补峁嘺 must be banished from the country, his body having been branded.鈥�

狈腻谤补诲补 (Theft, 41, 42).鈥斺�極n no account shall the King kill a 叠谤腻丑尘补峁嘺, though convicted of all possible crimes. He may be banished. The King shall confiscate his entire wealth or leave him a fourth part for himself.鈥�

叠峁沨补蝉辫补迟颈 (27.11, 12).鈥斺�楢 叠谤腻丑尘补峁嘺, though a mortal sinner, shall not suffer capital punishment; the King shall banish him and cause him to be branded and shaved; the 叠谤腻丑尘补峁嘺 who deserves capital punishment shall be compelled to pay one hundred 厂耻惫补谤峁嘺蝉; one deserving to have a limb cut off, half as much; and one deserving to have the thumb and index finger cut off, half of that.鈥�

艢补峁卥丑补-尝颈办丑颈迟补 (痴颈惫腻诲补谤补迟苍腻办补谤补, p. 634).鈥斺�楨ven if he has committed heinous crimes, the 叠谤腻丑尘补峁嘺 may be banished, branded, or made to undergo expiations; for the 叠谤腻丑尘补峁嘺 should not be made to suffer bodily pain.鈥�

贬腻谤墨迟补 (Do., p. 631).鈥斺�楩or the 叠谤腻丑尘补峁嘺, there is no cutting off of limbs; the 叠谤腻丑尘补峁嘺 is always purified by penances and austerities.鈥�

Yama (Do., p. 636).鈥斺�楩or crimes committed by the 叠谤腻丑尘补峁嘺, the following punishments have been ordained: shaving of the head, banishment from the city, proclamation of his sin, parading on an ass, branding on the forehead.鈥�