Vyavaharamala: a text on Indian jurisprudence
by P. V. Rajee | 2008 | 63,341 words
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....
44. Danda Parusya prakarana (Assault)
Brihaspati says if anybody hurts anybody by hand, stone, stick, mud, sand, and ashes then that type of attacks are known as Danda parusya. Dandaparusya is also known in three ways, avagoranam nissangapadanam kshadadarsanam. Dravyas are of three types, hina, Madhya, Uttama. If anybody exceed the limlit of hina dravya then he should give fine for prathama sahasa. If it exeed madhyamadravya then, has to give fine for madhyamasahasa. If exceeds uthamadravya then have to give the fine for uthamasahasa. Yajnavalkya says, if one throws ashes, sand, and mud on anybody, then he has to pay ten pana as fine. If one
240 throws waste things and other dirty things or give kicks, spit, another person, then he should give 20 pana as fine. If the people are of the same caste and same character and doing the things as mentioned above, then they should give 20 panam as fine. If anybody badly hurts a woman or a respectable person then he should pay 40 panam as fine. If a drunkard attcks as a mad man then he has to pay 10 or 20 pana as fine. Katyayana says: if anybody vomits or excrete on some one then he should give 40 pana as fine. If anybody throw these things on some one then he should give 60 panam as fine. If anybody excrete on some one's head then he should pay 80 pana as fine 41. If anybody tries to � beat the person of same age and caste then he should pay 12 pana as fine and if one beats person of other castes he should pay 24 panam as fine. Brihaspati says, if any body beats anyone with stone, rocks or wood then he has to pay 2 'marshavum' as fine. If he got injury and blood came out, then he has to pay 4 'marshavum' as fine. If - 40 Viramitrodaya - page 327 & vyavaharamayukha - page 100 - 41 Viramitrodayam-page 71 & vyvaharamayukham-page-100
241 a person beats someone slowly and the blood cloats, then that person should pay 32 pana as fine. And if the blood comes out then he has to pay 64 panam as fine 42. Manu says: at the time of 'Adi Sisksa' if the skin scraches and the blood comes out then that person should pay 100 panam as fine. If flesh comes out, then he should pay 6 'Nisidham' as fine. Brihaspati says, at the time of beating, if skin scraches, then he will get Pradhama sahasa punishment of not less than hundred pana. If the flesh comes out then he will get Madhyama sahasa punishment not less than 500 pana. And if the bone is broken then he will get Uttamasahasa punishment of not less than 1000 pana as fine. If one kills anyone then he will get the punishment of death. Katyayana says, if any body cuts off the ear, lips, nose, feet, eyes, tongue, hand of someone then he has to pay Uttamasahasa as fine. If any body makes injury by beating, then he has to pay Madyamasahasa as fine. Manu says: if any body make injury to any man or animal on the basis of injury fine will be charged. Narada says: if a lower 42 Vyavaharamayukham-page- 100
242 caste man hurts a Brahman with any of his body- part then that part of the particular person should be cut off. If a Sudra makes any harm or injury knowingly or unknowingly then he should be tied on the legs of a buffalo and should be pulled along till death. If a person thinks that King is responsible for all his problems then that fool should be put into fire. Yama says, in saint Manu's opinion if a lower caste person injures a high caste person by any of his body part then that part should be cut off. If low caste person and high caste person, both want to sit on a same place, then the low caste person should be burned. If any one spits on some one with proud, then his/her lips should be cut off. If passes urine, then that part should be cut off. If any body pulls someone hair, then without any doubt his hands should be cut off. If someone pulls somebody's feet, nose, neck etc then his hands should be cut off. If anybody hurts or injures anyone's body parts, then he should give treatment to injured person and should help financially. Manu says, if anybody wife, son, servant, brother, student,
243 makes any mistakes then he should be beaten with stick or rope. If wife makes any mistake then she should be beaten with rope or something. If anybody is beaten with a stick, on head, face or any front portion, and the blood comes out, the punishments are the same. Narada says: if son makes mistakes knowingly then father will give punishment. If neighbors get a bite from monkey or dog then the owner will not be responsible, if they are kept with the owner in a safe costody, the nieghbours are beten by such animals then the compensation should be given to the nieghbours. Yajnavalkya says: if anybody gets a bite from a dog in the presence of the owner who domesticate these dogs, cows, elephants etc then he should given the compensation to the concerned person. After that if the owner is not keeping them in chains, the animals and again any problems happen, then the owner should give double compensation. Brihaspati says, if one beats or kills someone in a lonely place and not getting any proof of dead person, then by right evidence or idea it should be cleared. At the time of arguments if two persons fight with each other,
244 then the punishments should be equal for both of them. In that, if one beats more than the other, then he will get more punishment. Yajnavalkya says, the person who beat animals like cow and got, he has to pay 2 pana as fine, if blood comes out while beating then, he has to pay 4 pana as fine. If the born is broken then he has to pay 6 panam as fine and if the hands and legs are broken then he has to pay 8 pana as fine. If pennies of animals like cow and goat is cut off while beaten and the animal dead, then the person has to confess for madhyamasahasa and should also give money to the owner. Katyayana says, if anyone kills birds then he has to pay 3 panam as fine. And if he kills animals like cat, dog, pig, then he has to pay 12 panam as fine. Manu says if anyone take cows or buffallow which are used for vedakarmas, for taking leagues, then that person should pay fine for prathamasahasam and if he kills the animals mentioned above, then he has to pay fine for uthamasahasa. Visnu says: if anyone kills elephant, horse, camel
245 or cow, then his legs and hand should be cut off. If anyone sells bad meat, then his leg and hand should be cut off. If anyone kills dog or pig, then he has to pay 100 pana as fine and also he should give money to the owner of these animals. And if anyone kills worms, he should pay one 'karshapanam' as fine. Manu says, if anyone kills a man, then he has to pay 1080 pana for Uttamasahasa as fine. If anyone kills cow, camel, elephant, horse etc then he has to pay 540 pana for madyamasahasa as fine. For uttamasahasa in Manu's narration is said like this- 'Corakhalvisam' and 'ardharupam'. Katyayana says, if anybody kills animals, he has to give another animal or the fixed rate of that animals in return. Yajnavalkya says, punishments given for cutting of trees as follows- if the branches of peepal are cut off, then that person should pay 20 pana as fine. If big branches are cut off then he has to pay 40 pana as fine and if the tree itself is cut off, he has to pay 80 pana as fine. If any one cuts the branches of trees which give shade, trees on the boundaries, the trees which are
246 there in temple and sacred places, then he has to pay double fine and if he cuts the tree itself then he has to pay 80 pana as fine. And if the palasa tree is cut off which is used for yagas, then that person has to pay fine according to it's position. Katyayana says, the punishments given for the harsh words and assault can be done on the basis of caste and quality according to the conditions.