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

234 VYAVAHĀRAMAYŪKHA [ S. IX. 7 10
[ M. p.128 l. 27 p.124 l.28
Ruk means ' pain The construction is by those who are under
the influence of pain caused by fear and the rest ; i. e. the meaning is
given by one who was oppressed by the fear of being beaten &c ; in the
same way what was given ( to others ) through anger against brothers with
the idea that loss may be caused , vyatyāsaḥ is when a man intending
to give silver gives gold through mistake chalayogataḥ occurs when
( for example ) knowing that a king wanted to give a cow to Devadatta it
was given to another who dressed himself like Devadatta even though the
recipient was a worthy man Kṛtaḥ means one whose mind is restless
through disease , mattaḥ means intoxicated by some intoxicating drug ,
unmattaḥ means affected by wind ( delirium ) apavarjitam means
given what was given with the thought he would do me a good turn
to one who does not do it what was given with the idea that one ( the
donee ) will employ it for religious purposes but who employs it for sinful
purposes These ( gifts ) return ( to the donor ). Kātyāyana says
' What is given through lust or wrath or by those who are dependent
by those distressed by those frightened by lunatics or by those who are
infatuated or what was given for avoiding ( the consequences of ) lapses
( from the right path )—these may be taken back ²
Kāmāt means for seducing the wife of another , klībaḥ
means one frightened , the meaning of vyatyāsa dattam is bribe.
What is promised as a bribe to a man for accomplishing a certain object
need never be given even though the object be accomplished If the bribe
were given before ( the object was accomplished ) it should be returned
by force ( to the giver ) and a fine eleven times as much ( as the
bribe ) should be levied. This is what the followers of Garga and
Manu say ²
The same author ( Kātyāyana ) describes the nature of a bribe
That is said to be utkoca ( a bribe ) which is obtained by those, viz. by
giving information about a theft about a felon, about one who breaks the
rules of decent conduct about an adulterer by pointing out those who
are of bad character by spreading false reports about a person ³
Manu ( VIII 165 ) says
A fraudulent mortgage or sale, a fraudulent gift or acceptance and
everything else wherever ( the king or judge ) finds deceit-all these he
should declare to be void.

1. Compare Gautama V 23 and Bṛ p. 313 vv 9-10.
2. These two verses are quoted in Shri Sitaram v Shri Harihar 35 Bom 100 at
   p 180 where it was held that if an adoption was induced by a bribe given to a widow the
   bribe was an illegal payment and cannot support a sale or gift.
3. Giving information about a theft = either suppressing information about a
   person who is really a thief or threatening a person that he would be reported as a thief

• P 205 ( text )