XXI. Assault

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

XXI. ASSAULT.

1. ¹ Injuring (a man) with a hand, stone, club, or (throwing at him) ashes, or mud, or dust, or (attacking him with) a weapon, is termed assault.

2. ² Throwing ashes or the like (at a man), or striking him with a hand or the like, is (termed) an assault of the first degree; the fine to be inflicted in that case shall amount to a Mâsha.

3. This fine is ordained for (an assault on) equals in caste; (for assaults) on another man's wife or on a superior, it shall be twofold or threefold, according to the sages, according to the rank (of the person injured).

4. ⁴ He who having been abused returns the abuse, or having been beaten returns the blow, or strikes an offender down, commits no wrong.

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5. ⁵ When a person throws gravel, stones, or pieces of wood at another, the first (or lowest) fine shall be inflicted on him. When they mutually strike one another with a hand or foot, it shall amount to ten or twenty Panas respectively.

6. ⁶ The second fine shall be imposed when two persons in anger use weapons against one another; when a wound has been inflicted, the punishment shall be fixed by experts, corresponding to the severity of the hurt.

7. For injuring (a person) with bricks, stones, or a wooden club, (the fine shall be) two Mâshas; the double fine shall be inflicted, according to the sages, when blood flows.

8. ⁸ For tearing the skin, the first (or lowest) fine (shall be inflicted); for tearing the flesh, the second fine; for breaking a bone, the highest fine; for killing, capital punishment.

9. For breaking the ear, nose, or hand (of a person), or injuring his teeth, or feet, the second fine shall be inflicted; and double of that, for entirely cutting off (any of those limbs).

10. ¹⁰ He who injures a limb, or divides it, or cuts it off, shall be compelled to pay the expense of curing it; and (he who- forcibly took an article in a quarrel, shall restore) his plunder.

11. ¹¹ When a man has been beaten in a solitary place, or when no wound is seen, the offender shall

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be found out by circumstantial evidence or by an oath or ordeal.

12. When he has been struck in the interior of a house, or in a wood, or at night, and blood becomes visible, one shall not examine witnesses.

13. ¹³ When two persons strike simultaneously, the punishment shall be equal for both; the first aggressor and he who is a habitual mischief-maker shall be compelled to pay a larger fine.

14. ¹⁴ When a low person offends a man in high position by harsh words or the like, that man must not be persecuted by the king if he beats his aggressor.

15. ¹⁵ Persons begotten in the inverse order of castes, and members of the lowest caste, are called the refuse of society; should they insult a Brahman, they shall be corporally punished, and shall never be amerced in a fine.

16. ¹⁶ He who employs at an improper time, for drawing or carrying, tired, or hungry, or thirsty animals, shall be compelled to atone for it in the same way as a cow-killer, or to pay the first fine.

Footnotes

357:1 XXI, 1. Ratn. p. 259.

357:2 2, 3. Ratn. p. 261; Viv. p. 144.

357:4 May. p. 139; Vîram. p. 472; Viv. p. 153; Ratn. p. 276.

358:5 Ratn. p. 263; Viv. p. 145; Vîram. p. 473.

358:6 6, 7. Vîram. p. 474; Viv. p. 147; Ratn. p. 264.

358:8 8, 9. Viv. p. 148.

358:10 Viv. p. 153; Ratn. p. 270; Vîram. p. 477.

358:11 11, 12. Ratn. p. 273.

359:13 Ratn. p. 275.

359:14 Ratn. p. 276.

359:15 Ratn. p. 277.

359:16 Ratn. p. 280.