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驰腻箩帽补惫补濒办测补 has treated the subject of lawsuit called assault [i.e., 诲补峁囜笉补辫腻谤耻峁�y补鈥�诲补峁囜笉补-辫腻谤耻峁�y补] exhaustively. He has not provided any definition for this type of law. The definition given in the 狈腻谤补诲补蝉尘峁泃颈, expresses this topic of law as it is dealt upon by 驰腻箩帽补惫补濒办测补. The 狈腻谤补诲补蝉尘峁泃颈 explains that when someone causes injury to limbs of another person by means of hands, feet, weapon or otherwise or makes dirty or pollutes with ashes, etc., then it is designated as assault which forms a title of law.^[1]

The 惭颈迟腻办峁�a谤腻 expounds that the offence of assault is committed by two ways viz.,

(i) injuring, i.e., striking and causing pain to another person鈥檚 limbs and also to movable or immovable properties with the help of hand, foot, weapon or by stones, etc.

(ii) defiling the body of another with ashes, dust, mud and the like impure substances, which gives rise to annoyance or mental pain due to the vile touch.^[2]

驰腻箩帽补惫补濒办测补, at first, proclaims rule to deal with a doubtful case of assault that in case of a complaint of commission of an offence where there are no witnesses, such a lawsuit or dispute should be decided by carefully examining the marks, considering probabilities, popular reports, etc., and fearing about the creation of a false mark.^[3]

The kinds of acts, which are declared by 驰腻箩帽补惫补濒办测补, as coming within the scope of assault along with the punishment attached with them are as follows: -

(i) The act of throwing ashes, clay or dust on the body of another person, involves the fine of ten 辫补峁嘺蝉. Another act, which constitutes an assault is of polluting by the touches of an impure thing, a heel or spittle and the recommended punishment for this act is double the above mentioned fine, i.e., twenty 辫补峁嘺蝉. However, this punishments are to be implemented when both the parties to the suit are of equal order or rank. It varies according to the order of caste and status of both the parties. The fine becomes double of the originally mentioned, if the offence is committed against wives of other people and persons of higher orders. In case, the offender belongs to superior class than that of the victim, the fine payable is only half of the amount prescribed for the same class. An exemption is provided from being fined when the offence has been committed due to the influence of intoxication, infatuation or the like.^[4] Regarding the exception given here, it is interesting to note that Sections 84, 85 and 86 of the Indian Penal Code also consider unsoundness of mind, intoxication etc., as the grounds of defence or general exceptions to anyone of the criminal offences mentioned in that Act.^[5]

(ii) Raising one鈥檚 hand or foot up for striking another person amounts to assault and the penalty is a fine of ten and twenty 辫补峁嘺蝉 respectively.^[6]

(iii) The penalty is the middle amercement when assault is caused by raising weapons or arms to striking.^[7]

(iv) Pulling of another鈥檚 feet, hair, clothes or hand also form assault and in that case fine is ten 辫补峁嘺蝉. The fine increases depending upon the gravity of the particular type of act. Therefore, a fine of hundred 辫补峁嘺蝉 is prescribed if pain is inflicted by violently pulling another for binding with clothes, trampling him with feet, etc.^[8]

(v) Pain caused by striking with a stick, etc., but without shedding blood constitute assault to be fined with twenty-two 辫补峁嘺蝉. For the same offence, penalty is double if blood appears.^[9]

(vi) In a case of assault where hands, feet, teeth are broken, ear or nose is cut off, wound is rendered fresh or also beaten almost to death, the penalty is mentioned as middle amercement.^[10]

(vii) The act of causing grievous hurt to various organs of another鈥檚 body such as eye, neck, arms, thigh, etc., and rendering incapable of moving, eating, speaking, is considered as assault to which the penalty is the middle amercement.^[11]

(viii) Besides the assault committed upon the limbs of others, 驰腻箩帽补惫补濒办测补 considers mischief to movable or immovable property as an assault. He provides a fine of five 辫补峁嘺蝉 for striking at the wall, ten 辫补峁嘺蝉 for boring or breaking it into two parts and twenty 辫补峁嘺蝉 for pulling down a wall along with the expenses incidental thereto.^[12]

(ix) Another act concerning property, which gives rise to the offence of assault, is throwing a thing or article capable of causing bodily pain, injury or destruction to life. While committing this assault for the first time, one should be compelled to pay sixteen 辫补峁嘺蝉 and middle amercement for committing it for a second time.^[13]

(x) The author also accepts causing injury to animals or maiming animals, to be assault. Beating, drawing blood, cutting horns and severing the limbs of small animals will form the offence of 诲补峁囜笉补辫腻谤耻峁�y补. In such cases, a penalty beginning with two 辫补峁嘺蝉 and upwards in order are imposed on the offender.^[14] The punishment of middle amercement over and above the price of that animals is recommended for the act of cutting off genital organs and causing death to small animals. When similar offence is committed against big animals, double is the penalty to that of the small animals.^[15]

(xi) The harmful acts towards trees, etc., amount to 诲补峁囜笉补辫腻谤耻峁�y补. The offence of assault is meted out for the cutting of the branches or the trunks or uprooting entirely the huge trees and also those trees yielding livelihood to the owner and the penalty will begin from twenty 辫补峁嘺蝉 and shall be increased by double of the previous one.^[16] While committing the same act, resulting in a similar offence as is mentioned in the immediately preceding rule, the penalty laid down is twofold of the fine as prescribed for the same act so far it relates to trees grown in a sacrificial place, a cremation ground, a boundary line, a sacred place or a temple, etc.^[17] For cutting down groves, bushes, creepers, plants and medicinal herbs, grown in places as mentioned above, then the fine will be half of the amount as that of huge trees.^[18]

驰腻箩帽补惫补濒办测补 also advocates liability to be incurred by the offender besides the penalty to be paid for the particular assault. Thus, one causing wound or bodily injury to another person has to bear the incidental expenses.^[19] According to the 惭颈迟腻办峁�a谤腻, it includes the expenses for medicine and special diet.^[20] One is under obligation to give back or restore whatever has been taken away during the scuffle and also liable to pay a fine double the value of the thing as penalty.^[21] 驰腻箩帽补惫补濒办测补 proclaims physical or corporal punishment only in one instance of the assaults. He prescribes the punishment of cutting off that limb with which a person, who is not a 叠谤腻丑尘补峁嘺, inflicts pain on a vipra. If offence is committed by raising limb, etc., then penalty should be the lowest amercement and penalty will be half of it for merely touching.^[22]

The offences, which are dealt with by 驰腻箩帽补惫补濒办测补 under the title 诲补峁囜笉补辫腻谤耻峁�y补 pertain to a variety of criminal offences, enumerated in the Indian Penal Code, which is in force even today. Some of the offences, which are found to be corresponding to the provisions of 诲补峁囜笉补辫腻谤耻峁�y补 of the 驰腻箩帽补惫补濒办测补sm峁泃i, more or less, are the offences viz., assault, criminal force, hurt, grievous hurt, voluntarily causing hurt by dangerous weapons or means, wrongful restraint, wrongful confinement, mischief to property, mischief by killing or maiming animal of the value of ten rupees, mischief by killing or maiming cattle etc., of any value, or animal of the value of fifty rupees as found under Sections 351, 350, 319, 320, 324, 339, 340, 425, 428, 429 respectively of the Indian Penal Code.^{[23] [24]} However, the punishment provided for these offences under the Indian Penal Code are not only pecuniary in nature like that of the 驰腻箩帽补惫补濒办测补sm峁泃i, but, there are provisions for imprisonment also.

Footnotes and references:

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[1]:

parag膩tresvabhidroho hastap膩d膩yudh膩dibhi岣�/ bhasm膩d墨n膩mupak峁�epair诲补峁囜笉补辫腻谤耻峁�y补mucyate// 狈腻谤补诲补蝉尘峁泃颈, 4.15. 4

[2]:

parag膩tre峁�u sth膩varaja峁単am膩tmakadravye峁�u鈥� tadubhaya峁� 诲补峁囜笉补辫腻谤耻峁�y补m/ 惭颈迟腻办峁�a谤腻 on 驰腻箩帽补惫补濒办测补sm峁泃i,2.212

[3]:

as膩k峁�ikahate cihnaiyuktibhi艣c膩gamena ca/ dra峁ａ弓avyo vyavah膩rastu k奴峁璦cihnak峁泃o bhay膩t// 驰腻箩帽补惫补濒办测补sm峁泃i,2.212

[4]:

Ibid.,2.213-214

[5]:

Misra, S.N., Indian Penal Code, pages190,205,208

[6]:

udg奴r峁噀 hastap膩de tu da艣avi峁兣沘tikau damau/ 驰腻箩帽补惫补濒办测补sm峁泃i,2.216

[7]:

辫补谤补蝉辫补谤补峁� tu sarve峁Ｄ佱箖 艣astre madhyamas膩hasa岣�// Ibid.

[8]:

p膩dake艣膩峁僺ukakarolu帽cane峁�u pa峁嚹乶da艣a/ p墨岣嵞乲ar峁Ｄ佱箖艣uk膩ve峁ａ弓ap膩d膩dhy膩se 艣补迟补峁� 诲补尘补岣�// Ibid.,2.217

[9]:

Ibid.,2.218

[10]:

karap膩dada峁僼o bha峁単e chedane kar峁嘺n膩sayo岣�/ madhyo da峁囜笉o vra峁噊dbhede m峁泃akalpahate tath膩// Ibid.,2.219

[11]:

ce峁ａ弓膩bhojanav膩gredhe netr膩dipratibhedane/ kandhar膩b膩husakthn膩峁� ca bha峁単e madhyamas膩hasa岣�// Ibid.,2.220

[12]:

Ibid.,2.223

[13]:

du岣�khotp膩di grhe 诲谤补惫测补峁� k峁�ipanpr膩峁嘺hara峁� tath膩/ 峁�o岣峚艣膩dya岣� pa峁嚹乶d膩pyo dvit墨yo 尘补诲丑测补尘补峁� damam// Ibid.,2.224

[14]:

Ibid.,2.225

[15]:

li峁単asya chedane m峁泃yau madhyamo m奴lyameva ca/ mah膩pa艣奴n膩mete峁�u sth膩ne峁�u dvigu峁噊 诲补尘补岣�// Ibid.,2.226

[16]:

Ibid.,2.227

[17]:

caitya艣ma艣膩nas墨m膩su pu峁噛asth膩ne sur膩laye/ j膩tadum膩峁嚹佱箖 dvigu峁噊 damo v峁沰se ca vi艣rute// Ibid.,2.228

[18]:

Ibid.,2.229

[19]:

du岣�khamutp膩dayedyastu sa samutth膩naja峁� vyayam/ d膩pyo 诲补峁囜笉补峁� ca yo yasminkalahe samud膩h峁泃a岣�// Ibid.,2.222

[20]:

鈥� tasya vra峁嘺ropa峁嚹乨au au峁�adh膩rtha峁� pathy膩rtha峁� ca yo 惫测补测补岣� kriyate ta峁� dady膩t/ 惭颈迟腻办峁�a谤腻, Ibid.

[21]:

办补濒补丑腻辫补丑峁泃补峁� 诲别测补峁� da峁囜笉a艣ca dvigu峁嘺stata岣�// 驰腻箩帽补惫补濒办测补sm峁泃i,2.221

[22]:

Ibid.,2.215

[23]:

Vide, Misra, S.N., Indian Penal Code, pages 647, 645, 618, 620, 624, 636, 640, 792, 795,

[24]:

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