XX. Defamation

The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com

XX. DEFAMATION.

1. ¹ Injury (pârushya) is declared to be of two kinds, harsh speeches and beating; each of these two kinds is again divided into three species, and the punishment is pronounced to be threefold.

2. ² Abuse of the first (or lowest) degree means offensive language against, or defamation of, a country, village, family, or the like, without (mentioning) an (individual ignominious) act.

3. Referring (in terms of contempt) to a man's sister or mother, or charging him with a minor sin, is termed abuse of a middling sort by the learned in law.

4. Charging a man with taking forbidden food or drinks, or taxing him with a mortal sin, or maliciously exposing his weakest points, is termed abuse of the highest degree.

5. ⁵ When two persons abuse each other, their punishment shall be equal, if they are equals in caste; if one is inferior to the other, his punishment shall be double; for a superior, half (of the ordinary punishment) is ordained.

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6. ⁶ When persons equal in caste and qualities abuse one another, the punishment ordained for them in the system of law is thirteen Panas and a half.

7. ⁷ For a Brahman abusing a Kshatriya, the fine shall be half of a hundred (fifty Panas); for abusing a Vaisya, half of fifty (twenty-five Panas); for abusing a Sûdra, twelve and a half.

8. This punishment has been declared for (abusing) a virtuous Sûdra who has committed no wrong; no offence is imputable to a Brahman for abusing (a Sûdra) devoid of virtue.

9. A Vaisya shall be fined a hundred (Panas) for reviling a Kshatriya; a Kshatriya reviling a Vaisya shall have to pay half of that amount as a fine.

10. In the case of a Kshatriya reviling a Sûdra, the fine shall be twenty Panas; in the case of a Vaisya, the double amount is declared to be the proper fine by persons learned in law.

11. A Sûdra shall be compelled to pay the first fine for abusing a Vaisya; the middling fine (for abusing) a Kshatriya; and the highest fine (for abusing) a Brahman.

12. ¹² (A Sûdra) teaching the precepts of religion, or uttering the words of the Veda, or insulting a Brahman, shall be punished by cutting out his tongue.

13. ¹³ (A man) reviling a sister or other (relation) of

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another person shall give a fine amounting to fifty Panas.

14. ¹⁴ He who reviles a person's native country or other (belongings of his), shall be fined twelve Panas and a half. He who through arrogance imputes an offence to him, shall be compelled to pay the first fine.

15. This gradation of fines has been declared by me, subject to modification by the sages, in conformity with the (particular caste or qualities of a) man, so as either to remain as declared, or to be reduced or raised.

Footnotes

355:1 XX, 1. Ratn. p. 243; Viv. p. 138. The former work reads 'two species.'

355:2 2-4. Ratn. pp. 243, 244; Viv. p. 138; May. p. 137; Vîram. p. 483. 'Terms of contempt' in 3 means filthy speeches, such as 'I shall visit your sister or mother.'

355:5 Ratn. p. 245; Vîram. p. 484.

356:6 Ratn. p. 247; Vîram. p. 483.

356:7 7-11. Ratn. pp. 251, 252; Vîram. p. 485.

7. May. p. 138.

356:12 May. p. 138; Vîram. p. 486; Viv. p. 141; Ratn. p. 252.

356:13 Ratn. p. 250; Vîram. p. 485. The latter work reads viprâdikam, 'a Brahman or other person,' for svasrâdikam, 'a sister or other relative.'

357:14 14, 15. Vîram. p. 488; Ratn. p. 257.