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

258 VYAVAHĀRAMAYŪKHA [ S. XVII. 6-8.
[ M p 148 l. 10-p. 144 l. 7
*In whosesoever land (range or jurisdiction) a theft takes place
should try to catch the thief or he should be made to pay (the price of)
the thing stolen, if the footmarks have not gone out from that land or
range). When the footmarks (of the thief) are not seen anywhere else
after leaving the place (where the theft was committed) the king should
make neighbours, the guardians of the roads (marches) and the governors
of the district pay (for the stolen goods).
Yājñavalkya ( II. 272 ) also says:
The village shall pay (the price of stolen goods) when the theft took
place within its own borders (provided footmarks are not found to go out
of the village) or (that village should pay) to which the footmarks (of
the thief) are traced if (theft committed) beyond one krośa from the
village, then the five (surrounding villages) or ten villages should pay.¹
On the point of kidnapping women Vyāsa says:
The kidnapper of a woman shall be burnt on an iron bedstead with
a fire of grass (or weeds). The kidnapper of a man should have his
hand and foot cut off and be exposed in a thoroughfare.²
Bṛhaspati ( p. 362 v 19 ) says:
A cow-stealer shall have his nose cut off and shall be plunged into
water after being bound.
Nārada ( p. 227 v 28 ) says ³
If a man kidnapped a married woman his whole wealth (was to be
confiscated by the king) but if he kidnapped a maiden he should be
killed. For a theft of horses elephants and metals, the king should take
(the whole wealth); this is the view of Bṛhaspati.
The word sarvasvam is to be repeated (in the second half verse).
Vyāsa says:
Of a thief of cattle half the foot should be cut off with a sharp weapon.
‡ Nārada ( p. 227 v 29 ) says:
On him who steals a large animal (elephant, horse &c.) the highest
fine shall be inflicted; the middling on him who steals an animal of middle
size and the first for theft of minor animals.
Manu ( VIII 320 ) says:
On him who steals more than ten kumbhas of corn corporal punishment
shall be inflicted. In other cases (i.e. theft of one to ten kumbhas
of corn) he should be fined eleven times as much (as the price of stolen

1. V. R. explains village as headman of the village while Mit. explains it as
   villagers.
2. Compare Bṛ. p. 362 v 18.
3. Nārada has only the first half. Compare Manu VIII 323. The conflict about
   punishments between various smṛtis is due to considerations of the castes of the thieves, their
   being poor or well-off and the worth of the object stolen. So says V. R.

• P 236 (text) ‡ P 237 (text).