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

264 VYAVAHĀRAMAYŪKHA [S. XVIII. 12-15
M. p. 147 L. 85-p. 148 l. 8D.
'Or double (the price) shall be inflicted by the king having regard to the
offender, or the thief shall be executed to prevent a repetition (of the
'offence)
Yāuṣeyam means strīdhana the word 'vā (in the last half) is
used in the sense of eva (certainly) Madana says that these texts refer
to the subject of sāhasa (and not to steya) on account of the proper signi-
ficance of the words 'vināśayan (destroying) hartā (a robber)...
Yājñavalkya (II. 231) states the punishment for him who incites a
man to a sāhasa
He who causes the commission of a sāhasa should be made to pay a fine
double (of what the offender himself has to pay) He who causes another
(to commit sāhasa) by saying thus I shall pay shall be made to pay a
fine four times as much.¹
'Dvaiguṇyam and cāturguṇyam mean double or quadruple of what is
imposed as a fine on the actual offender Manu (VIII 378) lays down the fine
for him who by force enjoys a virtuous brāhmaṇa woman
'A brāhmaṇa enjoying a guarded brāhmaṇa woman against her will shall be
fined a thousand paṇas ²
But if the crime be committed by a kṣatriya or the like against such a
brāhmaṇa woman, Bṛhaspati (p 366 v 10) says
(The king) shall confiscate the whole of the wealth of him who forcibly
violates another's wife and having caused his penis and scrotum to be cut
off he shall cause him to be paraded (in the streets) on an ass.
Kāmayet (in Bṛhaspati) means enjoys another's wife As regards
rape of a woman of the same caste by a man of the kṣatriya or other caste
or by persons who are offsprings of an anuloma marriage or offsprings of a
pratiloma marriage Kātyāyana declares the punishment
When a man has forcibly enjoyed a woman (the king) should inflict
death on him since that act is (a grave) transgression of proper conduct
The same author (Kātyāyana) says
When a woman has been enjoyed against her will she shall be kept in
the house well guarded her body being in a slovenly (or dirty) state she
should sleep on the ground and should receive bare maintenance (to keep
body and soul together)³
The same author (Kātyāyana) says
She who has been enjoyed by a man of a lower class is to be abandoned
or may suffer death.
1 I shall pay — this means either a reward to the offender or that he would pay the
fine imposed on the wrongdoer.
2 Guarded means either by her husband or by her own vows of chastity &c
3 This is Bṛ p. 367 v 18
P 214 (text)