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

274 VYAVAHĀRAMAYŪKHA [ S. XXII 1.
M. p. 155 l. 34-p. 156 l. 21
Having again investigated (i. e. reviewed) those litigations that were
wrongly decided assessors (and also judges) together with the party (de-
clared by them to be) successful should be fined by the king twice the
amount (that was) in dispute.¹ If a man who was justly defeated (in a
litigation) still thinks 'I am not rightly declared to be the losing party' and
again comes to court he when again defeated shall be made to pay a
double fine.
Here (in all verses about fines) the mention of a number without ex-
press statement of the object (to which the number refers) is to be under-
stood as referring to paṇas. Paṇa is a piece of copper equal to a karṣa
from (the verse) of the lexicon (of Amarasiṁha) 'a paṇa is the word applied
to a copper piece equal to one karṣa.'² A karṣa is a fourth part of pala. And
a paṇa is (in value) as defined by Bhāskarācārya³ '20 cowries make a kākiṇī
and four kākiṇīs make a paṇa.' As regards the fines designated the highest
and the like Yāj. (I 366) says
The highest fine is a fine of 1080 paṇas, the middling one is half of it
and half of this last is declared to be the lowest.
Moreover in case it is impossible to award adequate punishment for
offences already described by means of the fines of the indicated magnitude
(by Yāj.) even a greater fine may be inflicted as Āpastamba says 'they say
that daṇḍa is so called because it represses; by means of it the king should
repress those who are not repressed.'⁴ So also Nārada (p. 215 vv 10--11)
states a special rule when the punishment is confiscation of all property:

• 'The weapons of soldiers the beasts of burden and the like of carriers
  of goods the ornaments of prostitutes the various musical instruments
  of professional musicians and whatever is a tool for anybody and by
  which artisans acquire their livelihood—all these a king is not entitled to
  to take even when he confiscates the entire property.'⁵
  Yājñavalkya (II 307) states what is to be done with a fine levied unjustly:
  1 Vivādāt &c. may also mean 'twice the amount of the fine that was inflicted in
  the litigation that was wrongly decided.'

2. This occurs in the Amarakośa 2nd kāṇḍa, vaiśyavarga. Amara says that five
   guñjās were equal to one māṣa, 16 māṣas were equal to karṣa and four karṣas made one pala:
   two things are stated about a paṇa viz. its weight as copper and its price.
3. This is part of verse 2 in Bhāskarācārya's Līlāvatī where a table of values is given
   viz. 20 cowries = a kākiṇī, 4 kākiṇīs = a paṇa, 16 paṇas = a dramma, 16 drammas
   = a niṣka.
   4 This is really Gautama XI 28. The derivation of daṇḍa from dam- is ascribed
   in the Nirukta to Aupamanyava (II 2).
   5 The principle underlying these verses has been accepted in modern times in the
   execution of decrees by attachment and sale. Vide section 60 proviso b of the Civil Proce-
   dure Code (of 1908).
   P 2.5 (text)