व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

210 VYAVAHĀRAMAYŪKHA [ S. V 4.3-4
[ M. p.109 l. 14-p.110 l. 2
debtor is made to pay by being bound brought to the house of the
creditor and by such means as beating and the like Where by restraining
his sons or wife or cattle or by sitting down at his door a debtor is made
to pay the money (lent) that is said to be ācarita ¹
‘ Anugamaḥ means following , prāyaḥ means entreaty ’,
‘ anvāhitam means an ornament or the like given to (the creditor) for
being handed over to a third person As regards these expedients of
dharma and the like Kātyāyana speaks of certain restrictions
(A creditor) should make a king a master or a brāhmaṇa debtor
pay (a debt) by the mode of coaxing and he should make a co-heir or
friend pay (a debt) by artifice only Traders husbandmen and artisans
should be made to pay according to the usage of the country he should
make wicked debtors pay by the expedient of harassment ² This is
the view of Bhṛgu.
The same author (Kātyāyana) says
The debtor should be kept openly in restraint before an assembly of
people according to the dictates of local custom whatever he gives
may be taken (by the creditor)
The same author (Kātyāyana) forbids the (continuance of the) confine-
ment of a debtor when the confined debtor has an inclination to evacuate
Where a man held confined (for debt) has an inclination to void urine
or faeces, he should be followed from behind or he should furnish (another
person) as a surety (or hostage).³
• Nibandham means a son or the like who would be a substitute
for him (the debtor) The same author (Kātyāyana) says that a con
fined debtor should be let off for meals after taking a surety for appearance
That (debtor) if he has furnished a surety should everyday be set
free at the time of taking meals and at night (while) the surety
remains confined He who cannot secure or tender a surety for appear
ance should be confined in jail or should be placed in the presence of
guards A respectable trustworthy and pure man should not be con-
fined in a jail, he should be released without a surety or should be bound
over on his oath.

1. Ācarita seems to be meant as a synonym for gṛhasaṁrodhana Manu VIII
   49 speaks of ācarita as one of the five expedients of recovering a debt. In view of the fact
   that ācarita is separately defined it is better to take prāyaḥ as meaning entreaty
2. Sāntva is the same as sāma by harassment — this includes the modes of
   bala (compulsion) and ācarita. Though Manu speaks of the five expedients, there are no
   verses in Manu corresponding to the restrictions mentioned by Kāt. The 2nd. verse is quoted
   in Raghunathaji v Bank of Bombay 31 Bom. 72 at p. 78. These means could be employed
   only if the debtor admitted the debt, but if he repudiated the debt, then the only remedy was
   an action at law (vyavahāra)
3. If we read nibaddham &c. it would mean he should be let out with fetters
   on
   _ P 180 (text)