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

S. XVI. 1. 6-XVI. 2.3 ] ABUSE 253
M. p 138 l, 32-p. 139 1.21]
effect; but (if he reproaches them) falsely he is twice as guilty (as
they would be).¹
Yājñavalkya ( II 204 ) says :
He who by true, untrue or ironical statements ridicules persons want-
ing in a limb or organ of sense or diseased persons, should be fined twelve
panas and a half
Us'anas says •
For him who pleads 'such a thing was said by me from ignorance, care-
lessness, envy or friendship; I shall not say so again' (the king) should
prescribe half (the ordinary) fine
Here ends (the section on) abuse
Now begnis (the section on) assault.
Nārada (p. 207 v 4) says
Hurting the limbs of another with the hand, foot, weapon or other-
wise or defiling a man with ashes (or other impure substances) is termed
assault
*Bṛhaspati (p 357 v 4) says:
He who having been abused returns the abuse or having been beaten
returns the blow or strikes an offender down commits no wrong²
Kātyāyana says :
Bhṛgu has ordained that the highest fine shall be inflicted for cutting
off the ear, nose, foot, eye, the tongue, the penis or hand; and the
middling one for injuring (or wounding) any one of them.
Yājñavalkya ( II 213-214 ) says •
For throwing ashes, mud or dust the fine is declared to be ten panas;
and double that amount for assaulting a man with an impure thing or
with the heels or with spittle This is so as regards offenders of the
same class with (those whom they offend). (for offences) against the
wives of others (of whatever caste) or against one of a higher caste
(than the offender) the fine is double (of the above). The fine is half
1, 'Vacanāt' may also mean 'even if he only says what is true.' The mere truth of
an imputation was no defence in a charge for defamation Vide exception one to sec 499 of
the Indian Penal Code, which requires that the imputation be made for the public good.
Compare Manu VIII 274 Kātyāyana (verse 176) lays down that if a man were called
'patita' in order that others should avoid contact with him, there was no punishment.
2 Br (p 359 verse 13) has another verse, which is similar to Nārada's quoted
under 'abuse' This verse does not conflict with them It states the right of private
defence and also means to convey that the man who returns an abuse or a blow is not
equally guilty with him who starts the affair.

• P. 280 (text).