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

$\left.\begin{matrix} S. I. 1 16-17
M'p 61 26-p 71 28 \end{matrix}\right]$ ĀSEDHA OR RESTRAINT 9
The same author (Nārada p 17 v 48) mentions four kinds of (āsedha)
restraints (by the applicant, of the defendant)
Confinement to a place, restriction as to time, preventing from going on
a journey and prohibition from doing certain specified acts (such as expos-
ing goods for sale), restraint is thus of four kinds One thus subjected to
restraint should not transgress it $^1$
The same author (Nārada p 18 v 51) lays down the punishment for
him thus restrained who transgresses the restraint
One who is arrested being fit to be arrested and who transgresses it
deserves punishment
*The same author (Nār p 235 v 13) declares that in some cases the person
who restrains (the defendant) himself incurs punishment
He, however, who inflicts restraint (upon the defendant) in such
improper ways as stopping the senses or (stopping) speech or breathing
deserves to be punished and not (he who breaks away) from such restraint.
Nārada (p 18 v 49) declares the absence of punishment in certain cases
even when (the defendant) breaks through the restraint.
One, who is placed under restraint while crossing a river or when in
an impassable forest, or in a difficult place or in an over-whelming calamity
(overtaken by vis major or king's enemy) and the like, shall not be
guilty of an offence if he breaks away from restraint by another (in such
cases)
Kātyāyana prescribes punishment for him who puts under restraint those
that do not deserve to be restrained
He that restrains another not liable to be restrained should be punished
by the king, this is the established rule
The same author enumerates those who ought not to be restrained
Those who have climbed up a tree or a mountain, those who are seated
on an elephant, horse, chariot or vessel and persons placed in a dangerous
situation; all these should not be subjected to arrest by those who seek to
establish their claims; as also persons afflicted with diseases or misfortunes
and one who is engaged in a sacrifice
Nārada lays down the following rules as to summoning (the defendant) $^2$
The king should not cause to be summoned the diseased, minors, the
old, persons in a difficult situation, persons engaged in religious duties, one
who would be seriously ruined (if then summoned), one who is under a
calamity (a bereavement &c.), one who is engaged in the king's business
or in celebrating a (religious) festival, persons intoxicated or possessed,
1 Compare section 95 of the C. P Code of 1908
2 These verses are ascribed to Kātyāyana by the Vīr (p 52) and to Hārīta by the
Smṛticandrikā and are not found in the printed Nārada, but compare Nārada I, 52--54,

• P 9 (text)
  V. M. 2