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

S. XVIII. 5-8
M. p. 145 l. 28-p. 146 l.19 ] HEINOUS OFFENCES 261
of each offender.¹
Nārada (pp. 203-204 vv. 9-10) states a special rule as to the punish-
ment of brāhmanas
This is the law of punishment ordained for all (classes) without distinc-
tion, save only corporal punishment in the case of a brāhmaṇa (offender).
A brāhmaṇa (offender) is not liable to corporal punishment (such as mu-
tilation, death). The punishment for him (brāhmaṇa offender) is shaving
of the head, banishment from the city, branding him on the forehead with
the mark appropriate to the crime and marching him (through the
streets) on an ass.²
A brāhmaṇa, even though an ātatāyin (a felon or desperate character)
was not to be killed, since Sumantu says 'there is no sin in putting to death
an ātatāyin, except cows and a brāhmaṇa.'³ Kātyāyana says
According to Bhṛgu there shall be no (punishment of) death in the case
of a felon, who belongs to the highest class and who is endowed with
austerities and study of the Vedas and that (the punishment of) death (is
prescribed) for a sinner of a lower class (than a brāhmaṇa).
*The same author says.
' He who makes ready a sword, poison or fire (for perpetrating a crime),
also one who raises his hand for an imprecation, who kills by the (recita-
tion of) incantations contained in the Atharvaveda, who is an informer
of the king (whereby another man may lose his life), who assaults
(or violates) another's wife, who is intent on picking out the weakest
points (of others)—all these and the like should be known as ātatāyins⁴
Vasiṣṭha (III 16) also says
An incendiary, a poisoner, one armed with a weapon, one who robs
another of his wealth, one who snatches away another's field and wife-
these six are ātatāyins.
As to what Manu (VIII 350) says
One may certainly kill without hesitation a man who comes upon him
as an ātatāyin, whether he be a teacher or a child or an old man or a
learned brāhmaṇa'
and as for the text of Kātyāyana (same as Vasiṣṭha III 17)
'one may go on to kill another who approaches as an ātatāyin (i e.

1. 'Who connives'—This man is not able to prevent the offence, but he does not
   raise even a vain protest nor does he inform others of the intended sāhasa
   2 As to absence of corporal punishment for a brāhmaṇa, compare Gautama XII 48,
   Manu VIII 379--380, Baud. Dh S I 10 17 As to the marks branded for the several sins,
   vide Manu IX 237 and Baud Dh. S I 10 18 For the several punishments appropriate to a
   brāhmaṇa offender vide Baud Dh S I 10 18, Gautama XII 44 and Manu VIII. 379-380.
   3 The text of Sumantu is variously read and interpreted Vide Vīr p 22
2. 'Ātatāyin' literally means 'one who goes with his bow strung' (i. e ready to
   fight). Rudra is called ātatāyin in Vāj S 16 18 and Kāṭhaka S. 17 12 Atharvaveda I,
   19, II 19, III. 1 and 2, VII. 108 were employed as charms against enemies,

• P. 241 (text).