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

$\left.{l}S. XVIII 10-12
M. p. 117 ll. 3-81\right]$ HEINOUS OFFENCES 263
do to a particular felon viz one who is intent upon a killing a person, it
is right to hold that they are (in the nature of) exceptions to the previ-
ously cited texts of Sumantu and Kātyāyana that are in the nature of
a general proposition (about felons)¹ As for the text of Bṛhaspati
he, who will not kill a felon of the highest class that is endowed with
the best religious conduct and Vedic study, though he deserves death, shall
acquire the merit (of the performance) of a horse sacrifice,
that too has reference to a felon other than one intent upon killing that
man Moreover by the text 'excellent brāhmaṇas even though felons
should not be killed (even) in a fight that is just (or approved by the
śāstras)' the slaying of a brāhmaṇa felon intent upon killing another is
forbidden. This prohibition (about killing an ātatāyī brāhmaṇa) in the Kali age
would be unmeaning if it (killing an ātatāyī brāhmaṇa) were not enjoined as
an act to be done.² For all digests (on dharmaśāstra) establish that the
prohibition of certain acts in the Kali age fell within the purview of enjoin-
ed acts (as regards former ages) on account of the proper significance of
the word dharma occurring in the text 'the wise declare that these dharmas
(enjoined acts) are to be avoided in the Kali age' Therefore in the Kali
age a felonious brāhmaṇa even though intent upon killing a person should
not be killed (even in self-defence by that man), but in other ages he was
certainly (allowed) to be *killed; however a felonious brāhmaṇa different
from the preceding (i e. one not coming to kill) was not to be killed
(i. e killing him was forbidden) in all ages, while all felons whatever of the
kṣatriya and other classes are liable to be killed in all ages. This is a bare
outline (of the subject)
Bṛhaspati (p. 363 vv. 25-28) declares the punishments for seizing articles
of the lowest, middling or best kinds
One who destroys or steals implements of husbandry, flowers, roots and
fruits shall be fined a hundred or more (up to two hundred) according
(to the nature of the property) One who destroys or steals cattle, clothes,
food, drink, household utensils should be punished with a fine of two hundred
or more In the case of women, men, cows, gold, precious stones, the pro-
perty of a deity or of a brāhmaṇa or of women and in the case of other
precious things the fine shall be equal to the value (of the thing stolen).

1. The texts of Sumantu and Kātyāyana in general terms say that an ātatāyī
   brāhmaṇa should not be killed, the four texts of Manu and the other sages particularly
   refer to a brāhmaṇa approaching for killing, therefore they restrict or modify the general
   rule The maxim is 'sāmānyam viśesena bādhyate' (a general proposition is modified or
   restricted by a particular one).
2. A nisedha only prohibits what would otherwise follow as a matter of course. Vide
   p. 231 n 3 above Since ātatāyibrāhmaṇa-vadha is forbidden in kali along with several
   other matters, all of which are spoken of as dharmas proper in former ages, it follows
   that such a vadha was a dharma in former ages.

• P. 248 (text).

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)

S. XVIII 15-XIX 1
M. p. 148 l 32-p 149 l 23 ] HEINOUS OFFENCES 265
'Vadha' it should be understood, was to be effected if she was a con-
senting party.¹ Nārada (p 203 vv 7-8) states the punishment for sāhasa
of the lowest, middling and highest degrees
'The punishment for a sāhasa of the lowest degree must be a hundred
panas at the least in proportion to the act (i e the gravity of the offence),
while for a sāhasa of the middling degree the fine prescribed by those con-
versant with the śāstras is five hundred at least For* sāhasa of the
highest degree a fine of not less than a thousand is ordained (Besides)
death, confiscation of all property, banishment from the town, branding and
amputation of that limb (with which the crime was committed)—these are
declared to be the punishment for sāhasa of the highest degree
The direction (in the smṛtis) to inflict death, mutilation and the like is
addressed to the king and to none else, since he alone has the authority (or
right) to inflict punishment
Thus ends (the section on) sāhasa.
Now begins (the section on) adultery.²
Forcibly enjoying another's wife being a sāhasa, the punishment for
it has already been stated. But as regards the enjoyment of another's
wife of the same caste by fraud Bṛhaspati (p 366 v. 11) says
When a man enjoys a woman by fraud his punishment will be the con-
fiscation of his entire wealth and he shall then be branded with the mark
of the female private parts and be banished from the town.
'Sarvaharaḥ' means 'that which takes away the entire property.'
This punishment applies in the case of a woman of the same caste; in the
case of a woman of a lower caste, (the punishment is) half of this, in the case
of a woman of a higher class (than the adulterer), it is death. And similarly
the same author (Bṛhaspati p 366 v 12) says
Half of that punishment that is prescribed for (adultery) in the case
of a woman of the same caste is imposed, when the woman is of a lower
caste: but for connection with a woman of a higher caste, the punishment
for the male is death.³

1. If she consented to her being enjoyed by a man of low caste. It is also possible to
   take it in the sense 'if she consented to submit to death'
   2 Vide Rahi v. Govind 1 Bom. 97 at p. 116 where it is said after referring to the
   Mayūkha that adultery was regarded and punished as a crime of a grave character.
   3 This verse prescribes punishment for the male, but says nothing about the woman.

• P. 245 (text)
  V. M. 34

266 VYAVAHĀRAMAYŪKHA [ S. XIX. 2-6
M. p. 149 l.24-p. 150 l.12
The same author ( Bṛhaspati p 866 v 9 ) prescribes the punishment
for the three kinds of adultery viz lowest middling and highest :
For these three ( gradations of adultery ) the first middling and highest
fines shall be inflicted respectively even higher fine may be awarded if
( enjoyment is had ) forcibly in a lonely place¹
•Manu ( VIII. 354 ) lays down the punishment for a vicious man having
a talk with the wife of another man
If a man engages himself in a conversation with the wife of another
when he had already been accused of ( similar ) offences ( with regard to
her ) he shall undergo the first amercement ²
In regard to conversation between a man and woman who have been
both forbidden ( to talk ) by their parents and the like Yājñavalkya ( II 285 )
says
A woman ( talking ) after being forbidden should be fined a hundred
paṇas while the man should be fined two hundred when there is prohibi-
tion ( addressed ) to both the punishment for both is the same as in
adultery
The first half of the verse refers to prohibition ( addressed ) to each
separately while the latter half to prohibition addressed to both Yājñavalkya
( II. 286 ) states the punishment for intercourse brought about by mutual
desire
When ( the adultery is ) between members of the same caste the
highest amercement is the penalty for an anuloma intercourse (adultery
with a woman of a lower caste ) the middling amercement ( is the penalty )
but for pratiloma intercourse (adultery with a woman of a higher caste )
death ( is the penalty ) for the male and the lopping off of the ears and other
limbs in the case of the woman ³
Kātyāyana says
In the case of all offences women should pay half of the monetary punish-
ment which is prescribed for a male, when ( the punishment ) for the male
is death, ( the punishment for women ) would be cutting off a limb
With regard to intercourse with a brāhmaṇa woman leading a loose life
Manu ( VIII 378 ) says
He would be liable to a fine of five hundred for intercourse with a
consenting woman.
1 The threefold grades of adultery are made as regards anurāga ( vide Bṛ p 865
vv 2, 5-8 ) Therefore the fourth quarter as read in the text is irrelevant and the reading
+draviṇādhike of Aparārka and others is better It means higher fine may be inflicted
on a rich man.
2, But there was no objection to talk with another's wife for a reasonable cause and
if there had been no previous charge. Vide Manu VIII 355.
3, The Mit. construes this verse differently Vide notes to V M. pp. 426-427
P 246 ( text )

S. XIX. 6-7.
M. p.150 l. 12-p. 151 l. 8 ] ADULTERY ' 267
*This refers to a woman of the same caste The same author (Manu VIII.
385) says as regards anuloma intercourse with women of loose character:
A brāhmaṇa having intercourse with a kṣatriya or vaiśya woman who
is unguarded or with a śūdra woman should be fined five hundred panas
and a thousand panas if he has intercourse with a woman of the antyaja
class.¹
As to the text of Manu (VIII 383) 'a brāhmaṇa should be made to pay
a fine of a hundred panas, if he has intercourse with guarded women of the
two classes (kṣatriya or vaiśya),' it refers to a chaste woman. Manu
(VIII. 374) declares the punishment of a śūdra for intercourse with a woman
of a higher caste :
A śūdra having intercourse with a woman of the twice-born classes
whether guarded or not shall lose the (offending) limb and his whole estate
when the woman is unguarded and loses everything (including life) if the
woman is guarded.
The meaning is. a śūdra having intercourse with an unguarded woman
of the twice-born class is liable to have his penis cut off and all his property
confiscated, but if he has intercourse with a guarded woman he incurs the
confiscation of all his property and death. Gautama (XII. 2-3) says 'for
adultery with the wife of the preceptor, the man's penis will be cut off and
his whole property will be confiscated, and if the woman be guarded, there
is the additional (penalty of) death.' Manu (VIII 376) says
'When a kṣatriya and vaiśya have sexual intercourse with a brāhmaṇa
woman, who is unguarded, the vaiśya shall be fined five hundred, but the
kṣatriya one thousand.²
The same author (VIII 377) says
✝Both of them (kṣatriya and vaiśya) however, if they commit adultery
with a guarded brāhmaṇa woman, should be punished like a śūdra³ or be
burnt in a fire of dry grass.
The same author (Manu VIII 382) says :
If a vaiśya has intercourse with a guarded woman of the kṣatriya class
or a kṣatriya has intercourse with a vaiśya woman (who is guarded), both
of them deserve the same punishment that is awarded (for intercourse)
with an unguarded brāhmaṇa woman.
The meaning is that the fine is what is inflicted for intercourse with an
unguarded brāhmaṇa woman Vasiṣṭha (21. 3--5) says 'if a kṣatriya has inter-
course with a brāhmaṇa woman, (the king) shall throw him into fire after'

1. Antyaja woman would be a woman of the untouchable classes such as leather
   workers, cāṇḍālas &c Vide notes to V M p 27
2. Read 'yadāguptāṁ' (yadā+aguptāṁ) in the text.
3. i e. with the loss of the penis, all property and life.

• P. 247 (text). ✝ P. 248 (text).

268 VYAVAHĀRAMAYŪKHA [ S. XIX. 7 11. , 1 ,
M. p. 151 l. 2-p. 152 l. 6
having tied him up in leaves of sara grass the same (punishment should be
awarded) if a vaiśya has intercourse with a kṣatriya woman and a śūdra,
with kṣatriya or vaiśya woman. Nārada (p 179-180 vv 73-75) says
The mother the mother's sister mother-in-law maternal uncle's
wife, father's sister the wife of a paternal uncle, of a friend and of a
pupil the sister sister's friend daughter-in-law daughter the wife
of a preceptor a woman of the same gotra a woman who has come
for an asylum or refuge, a queen, a female ascetic a nurse any chaste
woman and a female of the highest caste—when a man has intercourse
with any one of these women he is said to have violated the preceptor's
bed for such a crime no punishment other than excision of the penis is,
ordained (in the smṛtis)¹
Yājñavalkya (III 232-233) also says
One who has intercourse with his father's or mother's sister maternal
uncle's wife or his own daughter-in-law or with his step-mother or
sister or his preceptor's wife, or daughter with his own daughter be-
comes a violater of the preceptor's bed His penis should be cut off and
he should be put to death and the woman also (should be put to death)
if she was full of lust (i e a consenting party)
*This punishment is not to be inflicted on a brāhmaṇa, since Bṛhaspati
in his section on brāhmaṇas says
The king should brand with painful punishments a brāhmaṇa who has
started on the path of having intercourse with another's wife and should
banish him One not a brāhmaṇa deserves for adultery any punishment up
to death.
Śaṅkha-Likhita say 'with whatever member of the body an offender
commits an offence that very member of his should be cut off except in the
case of a brāhmaṇa Yājñavalkya (II 290) declares the punishment for a
brāhmaṇa when he has intercourse with a female slave and the like
A man having intercourse with avaruddhā slaves and bhujiṣyās shall
be made to pay a fine of fifty paṇas even when intercourse with them
may be unobjectionable (on the ground of caste &c.).²
Avaruddhāḥ are those that are forbidden by their master to have
intercourse with other men. Nārada (pp 180-81 vv 78-79) says

1. The V R says that mother means step-mother here. It is to be noted that
   intercourse with a female ascetic is put by Nārada on a par with incest. Manu VIII 363
   treats it on a level with intercourse with wives of actors and singers and punishes it lightly
   Vide also Yāj. II. 293 quoted at the end of the section on adultery
2. The text of Yāj. and the Mayūkha thereon are quoted in 48 Cal. 643 I. R. at p. 651
   and in Yeshwantrao v Kashibai 12 Bom 25 at p. 29 n 5. Vide also Muthura v. Esu 4 Bom
   545 at pp. 549-50 According to the Mit. an avaruddhā is one who is ordered by her master
   to stay at home for service and who is forbidden to have intercourse with other males
   while a bhujiṣyā is a concubine kept by the master himself. Vide Bai Nagubai v Bai
   Monghibai L. R. 53 I A. 153=50 Bom 601 at p. 612 for the meaning of avaruddhā.
   P. 210 (text)

S. XIX. 11-13 ] ADULTERY 269
M. p. 152 ll 7 30 ]
Intercourse is permitted with a wanton woman who belongs to another
than the brāhmaṇa caste, or with a prostitute, a female slave or a female
who has left her family, if these belong to a lower caste; but intercourse
is not permitted with (such) women if they belong to a higher caste.
When, however, such women are kept mistresses (of another man) inter-
course with them is as culpable as with another's wife ¹
The word 'abrāhmaṇī' is an attribute of the word 'svairiṇī'; svairiṇī
means 'one who is independent and has free intercourse with men'; 'niṣ-
kāsinī' is 'a woman who has left her family and has free intercourse with
men.' Yājñavalkya (II. 291) says
If a man has connection with an antyā (untouchable) woman he should
be branded with an obscene mark and banished, similarly a śūdra is
liable to be branded only if he does the same, but if an antya (untouch-
able) have intercourse with an āryā woman death (is the penalty).²
'When the sexual intercourse is wilfully brought about by a woman,
(she being the aggressor) Nārada³ states the punishment for her :
When a woman comes to a man's house and has intercourse with him
after exciting his passion by touching him and the like acts, she should be
punished⁴ and half of her punishment should be inflicted on the man.
Yama prescribes the punishment for women of the brāhmaṇa and other
castes for intercourse with śūdra males or the like :
The king should have that woman devoured by dogs at the place of
the executioners (cāṇḍālas), who, being overpowered by passion, seeks
a śūdra (for intercourse)⁵ That brāhmaṇa woman who resorts to a
vaiśya or kṣatriya (for intercourse) would have her head shaved and shall
be marched on an ass (through the streets)
'Vṛṣala' means 'a śūdra', 'vadhyaghātināḥ' means 'executioners';
the meaning is 'at the place where executioners live'. In the Candrikā
(Smṛti-candrikā) it is said that this fine is inflicted for excessive attachment
(to the paramour) Yājñavalkya (II 283) declares the means of determin-
ing (the fact of) adultery :
A man is to be held (caught) as guilty of adultery by the fact of his
caressing the hair of another's wife or by fresh signs of lust or by the con-
fession of both

1. 'Niṣkāsinī' is explained as 'a female slave not restrained by her master' by
   Mādhavācārya and others The Mayūkha follows the Madanaratna.
2. 'Āryā' woman means 'a woman belonging to the three higher castes' Āp Dh. S
   II. 2. 3. 1 and 4 distinguishes between Ārya and Śūdra The Mit and Vir. read
   'antya eva' which means that the śūdra would himself become an antyaja. The force of
   'eva' is this that he is not liable to be punished.
3. This is Br p 367 v 15
4. Her punishment would be the same as is prescribed for a male who makes the first
   overtures.
   5 Compare Gautama XXIII, 14 and Manu VIII, 371.

• P. 250 (text)

270 [S. XIX. 18-XX. 2
VYAVAHĀRAMAYŪKHA [M. p.152 l. 89-p.153 l.25
From the expression dvayoḥ (occurring in Yāj) it follows that even
if one of the two admits adultery there is no certainty As regards slander
Yājñavalkya (II. 289) says :
For uttering a (true) slander about a woman a man should be fined a
hundred paṇas and two hundred if he makes a false accusation ¹ For inter-
course with beasts he should be made to pay one hundred and one who
has intercourse with a distressed woman (even if she be ones own wife)
or a cow should be fined the middling amercement
Also (Yāj II 293)
If a man has intercourse with a woman in an improper part and if one
voids excrement before a male the fine* is twenty four paṇas and the same
(is the fine) for intercourse with a female ascetic ²
'Dīnām means distressed woman, even one's own wife. The mean-
ing is one who voids excrement and the like before a woman.
-)
Thus ends (the section) on adultery
―――――――――――
Now begins (the section) on duties of husband and wife.
Punishment for the husband s abandoning a wife possessed of good
qualities is thus declared ·³
If a man leaves a wife who is obedient not sharp-tongued skilful,
possessed of virtues and solely devoted to her husband, the king should
place him (on the right track) by means of punishment
Yājñavalkya (I 76) says
He who deserts a wife that carries out his commands, who is diligent,
mother of an excellent son and speaks pleasantly shall be compelled to pay
the third part (of his wealth to her), or if he has no wealth he shall be
compelled to provide maintenance for her ⁴
The same author (Yāj I 77) says with regard to women
Wives should do the bidding of their husbands This is the highest

1. Both the Mit. and Aparārka take strī as meaning maiden here. Nārada (p. 172
   v 34) enumerates the doṣas of maidens as affliction with a chronic or disgusting disease,
   deformity loss of virginity by sexual intercourse, being wicked, having the heart fixed on
   some one else.
2. Nīlakaṇṭha seems to have read puruṣam. But Mit., Aparārka, Par M. and Vīr
   read as in the text.
3. This is Nārada p. 181 v 95
4. This is quoted in Savitribai v Laxmibai 2 Bom. 573 at p. 509 as a mandatory text
   requiring the husband to maintain his wife irrespective of the possession of property
   P 251 (text).

S. XX. 2.-XXI. 3 ] HUSBAND AND WIFE 271
M. p. 150 l.25-p.151 l.15 ]
duty of a wife. Even if the husband be tainted with a deadly sin she
should wait for him till he is purified (by expiations).
Thus ends the section on duties of husband and wife.
*Now begins the (section on) gambling and prize-fighting.¹
Yājñavalkya (II. 201) says.
The king should enforce payment of the stake property won in a public
assembly of bettors presided over by a master (of the gaming house),
when the king's share (in the stake won) has been paid up (by the master)
and not otherwise (when carried on secretly and without sabhika).
'Prasiddhe' means 'not in secret'; 'dhūrtamaṇḍale' means 'in a
gaming house'; 'sabhikaḥ' is the superintendent of gambling appointed by the
king. The meaning is 'the king should enforce payment of what is won in
this manner (indicated in the verse) and nothing else. The same author
(Yaj II. 202) lays down the punishment for him who is guilty of fraud in
gambling :
Men who play with false dice and by tricks should be branded by the
king and banished.²
'Upadhiḥ' means 'a trick or fraud.' Manu (IX 224) declares the
punishment if gambling be carried on without the king's permission :
The king should punish corporally all those who themselves engage in
gambling and prize-fighting or cause (incite) others to do so and also
śūdras who wear the marks of the twice-born ³
'Dvijaliṅgam' (marks of the twice-born) means 'the sacred thread,
uttering the Veda and the like' Yājñavalkya (II. 203) extends the rules about
gambling to samāhvaya (prize-fighting) :
This very law should be understood to apply to prize-fighting in which
there is gambling with animate objects.

1. The difference between dyūta (gambling) and samāhvaya is that the former is carried
   on with inanimate objects (like dice) and the latter with animate objects (such as cocks,
   rams, bulls, buffaloes, and wrestlers). Vide Manu IX. 223, Nārada p. 212 v. 1 and
   Bṛ. 385 v. 3
2. Compare Nārada p. 213 v. 6.
   3 The attitude of Manu towards gambling was rather uncompromising. But Yāj-
   ñavalkya allowed gambling under the supervision of persons appointed by the king as it,
   helped in detecting thieves. Bṛhaspati p. 385 v. 1 says that gambling was prohibited by Manu,
   because it destroys truth, honesty and wealth, but other legislators permitted it when,
   conducted so as to allow the king a share in the stakes.

• P. 252 (text).

272 VYAVAHĀRAMAYŪKHA [ S. XXI. 3-XXII. 1 / M. p. 151 l. 15-p. 155 l. 3
Prāṇidyūta is an attribute of samāhvaya and the meaning is samā-
vhaya which is different from it¹ (only in this that it is gambling with ani-
mate objects).
Thus ends (the section on) gambling and prize-fighting
*Now begins (the section on) miscellaneous matters ²
Yājñavalkya (II 295–296) says
He who either omits or adds anything in writing to the king's edict or
who allows an adulterer or thief to escape shall suffer the highest amerce-
ment. He who defiles a brāhmaṇa, kṣatriya vaiśya, śūdra by feeding
him with food not fit to be eaten should be punished with the highest
amercement the middle amercement, the first amercement and half of
the last respectively.
Abhakṣyam means wine, urine, ordure and the like. The same
author (Yāj. II 297) says
He who deals in false gold (as genuine) who sells unclean meat
should be deprived of a limb and should be made to pay the highest
amercement.
Vimāṁsam means the flesh of cows and the like.³ In the Mitākṣarā it
is said that by the use of the particle ca (and) it follows that mutilation is
also meant (to be an additional) punishment. Similarly (Yāj. II 300)
If the owner of animals with tusks or horns fails to rescue a man (attack-
ed by such animals) though able to do so he should be awarded the
first amercement and double that amount (when he does not rescue) even
though (the victim) cried aloud (for help).
Vikrośah means crying out Manu (VIII 296–298) says
If a human being were killed (by an animal or car through the careless-
ness of the driver) he would at once incur the guilt of a thief. If such
large animals as cows elephants, camels horses and the like were killed
(through rash driving) half (of the highest amercement) was to be inflict-
ed. On the death of minor animals (by rash driving) the fine is two
hundred, but the fine is fifty paṇas when auspicious animals (like deer)
1 It is better to read tad-abhinne for tad bhinne Tad abhinne would
mean that samāvhya is prāṇidyūta and that the rules about the former are not differ-
ent from the latter.
2. Viṣṇu 42. 1 defines prakīrṇaka as what is left unsaid elsewhere. According to Nārada
(p. 214 vv. 1-4) prakīrṇaka comprehends all those matters in which the king acts of his
own motion without any complaint being lodged or a suit being filed and whatever
else that may have been omitted in the preceding titles of law. Vide Bṛhaspati p. 386 v 1
3. Mit. explains vimāṁsa as unclean meat mixed with dog's fish, while
Aparārka explains it as the flesh of the village pig and the like passed off as excellent meat.
P 253 (text)

$\left.{l}S. ABH. 1
\ M. p 155 ll 3 31\right]$ MISCELLANEOUS MATTERS 273
and birds (like pigeons and parrots) are killed. $^$Five māsas is the fine
for one who kills an ass, goat or sheep $^1$ The fine is one māsa for killing
a dog or hog.
It is to be understood that this fine (was to be paid) after paying to
the owner the price of the animal killed. Yājñavalkya (II. 301) says
He who charges the paramour (of a woman in his family) as a thief
should be made to pay a fine of five hundred and he who lets him off after
taking money from him should be fined eight times that (money)$^2$
'Upajīvya' means 'having received.'
The king should banish, after cutting out his tongue, that man who pro-
nounces an imprecation of misfortunes on the king or who runs down the
king or who divulges the king's secret counsels (Yāj. II 302).
'Aniṣṭam' means 'death and the like'; ākrośah means such things
as saying 'may you lose the kingdom'. Manu (IX 275) says:
Men who rob the king of his treasure, men who obstinately oppose his
commands and those who are in league with his enemies should be punished
by various modes of punishment.
Yājñavalkya (II. 303) says
The punishment for him who sells what was on a dead body, likewise
for him who strikes his preceptor, and, for him who seats himself on the
king's vehicle or throne is the highest amercement.
'Mṛtāṅgalagnam' means 'the clothes and the like on dead body.'
The same author (Yāj II 304) says
The punishment for him who puts out both eyes of a man, for him who
obeys one that is hated by the king and for a śūdra who makes his liveli-
hood by passing himself off as a brāhmaṇa is a fine of eight hundred.$^3$
$^\ddagger$The meaning is (the fine) for one who puts out both eyes, who
does an act forbidden by the king and for a śūdra who makes a living by
the mode of life of a brāhmaṇa. In the Mitākṣarā a smṛti is quoted to the
effect that if a śūdra put on the sacred thread for securing a meal at a
śrāddha he should have imprinted on his body with a heated rod a line
resembling (the position of) the sacred thread. The same author (Yaj. II.
305-306) states the punishment for those who wrongly decide litigations
1 Kullūka explains that the fine was five silver māsakas (and not of gold) A silver
māsa was equal to two kṛsnalas. Vide Manu VIII 135.
2. Both Mit and Aparārka explain that he who through fear of infamy to his family
or in order to save from publicity the reputation of his women says of a paramour that
he was a thief was to be fined
3 'Rājadvistādeśakṛt' is explained by the Mit. as one 'who being an astrologer
(and not an elderly relation or friend of the king) makes a prophecy of impending misfortune
as to the king If a śūdra, in order to secure a meal, wears the sacred thread and the like
he was to be punished.
$^$ P 254 (text). $^\ddagger$ P. 255 (text)
V M 35

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)

S XXII 1 ] MISCELLANEOUS MATTERS 275
M p 156 ll 24 39 ]
The fine that has been obtained by a king unjustly should be offered
by him to Varuṇa making it thirty times as much and should be distribut-
ed by himself among brāhmaṇas ¹
The meaning is let him first mentally offer thirty times as much to
Varuṇa and then let him give the money to brāhmaṇas.
Thus ends ( the section on ) miscellaneous matters
In the madhyadeśa (middle regions of India) famous for meritorious
actions and situated in the vicinity of the auspicious confluence of the Carman-
vatī (Chambal) with the Yamunā, stands the famous city of Bhareha, where
rules the king Bhagavantadeva who is devoted to the lotus-eyed god (Viṣṇu)
Thus ends the Vyavahāramayūkha (ray of judicial matters) in the (work)
Bhagavadbhāskara composed by bhaṭṭa Nīlakaṇṭha, who was com-
manded by Bhagvantadeva, the lord of kings, an ornament of the
Saṅgara race, (Nīlakaṇṭha) who was the son of bhaṭṭa Śaṅkara,
the head jewel of paṇḍitas, and the leader among those
who had crossed beyond the ocean of the Mīmāṁsā
system and the son of the learned bhaṭṭa
Nārāyaṇa styled jagad-guru
1 Manu (IX 244-245) gives the reason of this procedure Varuṇa is the divine
lord of punishment who rules over kings and a brāhmaṇa who has fully mastered the Vedas
is lord of the world Varuṇa is styled 'rājan' in the Ṛgveda and is regarded as noting the
good and evil deeds of men Vide Ṛgveda VII 49 3

The provided image is completely blank and contains no readable text or content to transcribe.

GENERAL INDEX
N. B The figures refer to pages. Important Sanskrit words
and the names of Sanskrit works and authors are put
in italics
Abettors, who are, 260
Abhidhāna, lexicon, 5
Abhiśāra, charge of a grave crime or wrong
42
Abhiśasta, charged with the commission of a
grave sin 42
Abhiyoktṛ, complainant or plaintiff 41.
Abuse, 251-253.
of three varieties, 251
Ācarita, mode of recovering debt, explained
210
Acquirer, double share of, when wealth ac-
quired with detriment to paternal estate
137.
gets two shares 169.
Act VII of 1866 (Bombay), 214n 4, 218n 1.
Act V of 1879 (Bombay), 216n 2.
Act XXI of 1850, 191n 3.
Act VI of 1878, 229n 3.
Act IV of 1893, 141n 2
Act XII of 1928, does not apply to cases
governed by the Dāyabhāga 191n 3
recognises only lunacy and idiocy from
birth as grounds of exclusion from inheri-
tance, 191n 3
Act II of 1929, does not affect sister's position
in Bombay 162n
Act XXX of 1930, 135n 2
Ādhāna, making a pledge or mortgage 224.
Ādhi, pledge or mortgage with possession
often a synonym of bandha 197n 3
varieties of 202.
Ādhibhoga, a kind of interest 198n 1
Ādhilekhya, deed of mortgage or pledge, 23
Ādhivedanika, kind of strīdhana, 93n 1
defined 177n 1, 178
Adhyagni, kind of strīdhana, defined 177.
Adhyāvāhanika, kind of strīdhana, defined
176, 177n 3
Ādityas, twelve, 48
Ādityapurāṇa, 193n 7
Adopted son, cannot succeed to his maternal
grand-father in natural family 123n 1.
even among s'ūdras gets, according to Bom-
bay, one-fourth when natural son born sub-
sequently, 116n 4
gets equally with aurasa son among s'ūdras
in Bengal and Madras 116n 1.
is divested, on adoption, of property which
is absolutely his but is ancestral, according
to Bombay decisions 121n 2
not divested of property which is absolute-
ly his, though ancestral, at time of adoption
according to Madras and Calcutta 121n 2,
122n
should perform the s'rāddha and other
rites of his adoptive father alone 123
succeeds lineally as well as collaterally in
adoptive family 128n 1.
succeeds to the brother of his adoptive
mother 128n 1.
Adoption, a brāhmaṇa can take kṣatriya boy
in, according to Medhātithi 107
all consequences that are due to connection
with the piṇḍa in the case of the natural
father, cease on 122n
by man having a grandson suffering from
congenital and incurable dumbness in-
valid, according to Bombay 109n 3
by unmarried man valid 109n 3
dattahoma, whether absolutely necessary
for validity of 110n 2.
by Kanoja Brāhmaṇa widow without datta-
homa held invalid when boy of different
gotra 110n 2
eldest son could not be given in, accord-
ing to ancient and mediaeval writers 132.
eldest son could not be given in, accord-
ing to Vijñāneśvara 107.
of oldest son allowed by decided cases
107n 5.
even of one of the same gotra must be be-
fore marriage (in Madras) 120n.
even of a s'ūdra not allowed after marriage
(in Madras) 120n.
father alone can give in 104,
A

278 VYAVAHĀRAMAYŪKHA
gotra of natural family has to be consider-
ed in marriage even after 128n.
Hindu, who has become Mahomedan, can
give his son in 101n 1.
Involves a complete severance of child ad-
opted from the family of birth 104n 1.
is made for spiritual purposes and has an
unseen result 105n 4.
mother alone can give in when father not
living 104.
of a daughter by a brāhmaṇa held invalid
106n 2.
of girl not allowed by Mayūkha 106
of married asagotra boy allowed in Bombay
Presidency 120n.
of a married man having a son, does not
transfer that man's son to the adoptive
family 120n
of an only son held invalid at one time by
the courts 111, 111n 4.
of an only son now held valid 111n 4
of daughter's, sister's, mother's sister's
son prohibited to three higher castes accord-
ing to all High Courts 118n.
of daughter's and sister's son allowed to
brāhmaṇas and others by Dvaitanirṇaya
114n.
of daughter's or sister's son held valid by
custom even among brāhmaṇas 118n.
of son valid, even though wife of adopter
pregnant at the time 109n 3.
remarried widow cannot give in her son
from first husband 101n 1.
requires actual giving and taking of boy
101n 1
rites of, described 131 133
sanction of Government not necessary to,
by Kulkarni 116n 8
who may be given in 131.
who may give in 131 132.
widow's power of comes to an end when
118n 1.
Adṛṣṭa unseen result of a religious act 91n
1 131.
Adultery 265-270.
by fraud, punishment for 264.
with certain women relatives held to be a
mahāpātaka (mortal sin) 266.
Adverse possession, property acquired by a
woman by whether strīdhana 177n.
Āgama, mode of acquisition of a document
&c. 27
Agamyāḥ meaning of 42, 42n 1.
Agents, to conduct litigation, when allowed 11
" " when not allowed 11.
Agnipurāṇa 74n 4.
Aitareya-brāhmaṇa 69n 3, 143n 2, 196n 1.
Ājñāpatra, document of command 26.
Ājyabhāga, 133n 3.
Ājyotpavana 133n 1.
Ākara, original and authoritative works on
a śāstra 130n 4
Akramoḍhā meaning of, 191, 191n 1.
Ākṣepa reproving (female slaves etc.) 80.
Ākula, a kind of faulty reply (Inconsistent)
16.
Amara, author of a lexicon 82, 84, 92, 274
Amātya, councillor qualifications of ;
must belong to one of the three regenerate
castes 4
Amendment of plaint, allowed until reply of
defendant is presented 18.
Ananyāśritadravyaḥ meaning of, 218n 1
Anapākarma, not giving 2.
Aṅga, subsidiary matter 105n 4
Aṅgula equal to eight yavas or three grains
of rice placed lengthwise 61
Annals, of Bhandarkar Institute 114n 2.
Antecedent debt, meaning of 216n 1
Anupalabdhi a means of proof 28n 2.
Anurāga, meaning of 1 0n 2.
Anuśayaḥ rescission 2.
Anuvāda a variety of arthavāda 51n 3, 117n
2 169n 2, 181n 3 231 232n
Anuvādaka that merely repeats (what is
already well known) n 3.
Anurūdhya, subject 79 79n 2.
Anvādhāna placing of fuel sticks on con-
secrated fire 109
Anvādheya kind of strīdhana 178, 165n.
Anvādhīpatra, deed of submortgage 21
Antāhita meaning of, 209n 3, 210 213n 3.
Antraya method of 1 1n 5
Āpad meaning of 105n 1
Aparārka 15n 1 and 2 16n 1 19n 1 31n 4
&c
Āpastamba-dharma-sūtra 20n 1 111n 2 166,
104n 5 212n 1, 251n 3, 269n 2.
Āpastamba-gṛhya-sūtra 109n 1 110n 1.
Āpastamba-śrauta-sūtra 133n 3.
Apariddha a kind of secondary son, 101.
Apaviddhaḥ meaning of 193, 193n 1
Apostate, from the order of ascetics, if a
brāhmaṇa, was to be banished according

GENERAL INDEX 279
to Kātyāyana 286n 3
from the order of ascetics became a slave
of the king 286n 3
Aprasiddha, a fault in a plaint 13
Apratibandha (dāya) defined 86
Apratiṣṭhitā meaning of 155.
Apūpa, preparation of flour and ghee 148n 1.
Arbitrators punished if cheating through
friendship or covetousness 257
Arghya, water offered by way of honour 49n 1
Arjuna, marriage of, with Subhadrā discuss-
ed 128-129, 128n 1
Ārṣa, form of marriage, 189n 1
Arthaśāstra, science of politics 6
rule in conflict of, with Dharmaśāstra 6
Arthavāda, expatiates upon a vidhi 79n 1,
262n 1
indicated by particles like 'vā' or 'vai'
262n 1
three varieties of 282n
Artisan, liability of, for loss of materials
given for being manufactured 225
Asādhya, incapable of proof (plaint) 13
Asahāya, 103n 1, 208n 2
Asāra, a kind of faulty reply (opposed to
reason, or void of substance) 15
Ascetic, heir of 167.
punishment for sexual intercourse with
female 268n 1
Āsedha, restraint or arrest, 9
four kinds of 9
persons who are exempt from 9
punishment for breaking 9,
restraint by king's order 212
Āśramas, four 167n 1.
Assault 253-255
Astrologers, liable to fine 256
Āsura, form of marriage, defined 189n 1
not approved even for śūdras 189n 1
Āśvalāyana 146.
Āśvalāyana-gṛhya-sūtra, 49n 5, 88n 1
Āśvalāyana-śrauta-sūtra, 111n 2, 188n 2
Atadguṇasaṁvijñāna, kind of bahuvrīhi 146n
4.
Ātatāyin, who is 261, 261n 4
who is, not a brāhmaṇa, may be killed in
self-defence or if he steals a field or carries
away one's wife 262.
Atharvaveda, 261n 4
Atibhūri, a kind of faulty reply (very pro-
lix) 15
Atideśa, principle of 51n 3.
Ātmabandhus, 164.
preferred to pitṛbandhus 164
Attestation, on a document, how made 25.
of an illiterate witness 25.
Atyalpa, a kind of faulty reply (very con-
cise) 15
Aupamanyava 274 n 4.
Aurasa, meaning of 108
Avadāna offering 49.
Avakraya, delivery to another for hire 224
Avaruddhā, meaning of, 158 n, 268, 268 n, 2
Āvasathya, gṛhya fire 145
Avyāpi, a kind of faulty reply (not meeting
all particulars) 15
Baddhakrama, compact series of heirs 160 n.
Bahuvrīhi compound 6 n 4.
kinds of 146 n 4
Bailee, not liable if deposit lost through the
act of God or the king 221.
Bairāgīs, 167 n 2
Bala, expedient for recovering a debt 209 210
Bāla, a person of sixteen years or less 41.
Bālambhaṭṭa 105 n 1, 161 n 1, 217 n 1.
Bālambhaṭṭī, commentary on the Mitākṣarā
108 n 1.
doctrine of, that the word brother in Yāj.
about heirs includes sister, not followed by
Bombay High Court, 158 n 2.
Bandhus, are bhinnagotra sapiṇḍas 160 n.
as heirs 163,
enumeration of, only illustrative 164 n 1.
etymological meaning of, 166 n 1.
ex parte paterna preferred to ex parte ma-
terna 165 n
in order to take as heirs must have mutua-
lity and must be related to the deceased
directly through themselves or their father
or mother 164 n 1
male, of same class preferred to female
165 n
meaning of 163 n 3, 197, 197n 3.
of three kinds 164.
preference based on spiritual efficacy when
of same class even where Mit applies 165 n
sapiṇḍa relationship in case of, extends
up to only five degrees 164 n 1
Banishment, as punishment 40
as punishment for adultery by fraud 265,
as punishment for embezzling property of
gaṇa 243.
as punishment for a brāhmaṇa thief 259
as punishment for those who pronounce
imprecations on king or divulge his secrets
273

280 VYAVAHĀRAMAYŪKHA.
for playing with false dice 271
proper for brāhmaṇa offender 261.
of brāhmaṇa, for apostasy how effected 236.
for those who live by taking bribes and for
assessors pronouncing unjust decisions 256
Banner festival of, in honour of Indra 47 n 3
Baudhāyana, 120
Baudhāyana-dharma sūtra 115 n 5, 128 n 1
153 n 1, 187 n 3, 194 n 1, 196, 256, 261 n 2
Baudhāyana-gṛhya-sūtra 262 n:4
Bauddhas 88.
Benares, Śaṅkara is presiding deity of v 2.
Bhāgalekhya deed of partition 23.
Bhāgavata-purāṇa 91.
Bhaktadāsa meaning of 228 n 1.
Bhāruci, 103 n 1
Bhāṣā plaint 12.
Bhāskarācārya, 274
Bhaṭṭoji 124 n 1
Bhavanātha a mīmāṁsaka 77
Bhāvya what is used in future or what is to
be accomplished 112 n 1
Bhāvya what is to be made to exist 120, 121
n 1.
Bhogalābha 196 n 1.
Bhogyādhi, 206, 206 n 1.
Bhoja, called Dhāreśvara a great patron of
literature 78 n 2.
Bhṛgu, 83, 210, 220, 226, 253, 261
Bhṛtya meaning of 262 n 4
Bhūta, an existing thing 112 n 1
Bījin meaning of 127 n 2.
Blindness, if not congenital, did not exclude
from inheritance even if incurable 162 n
Borradaile, 6 n 2.
Boundary even one may settle if he be
acceptable to both 247
marks of, are either visible or concealed 247
n 2.
means of indicating 247
one man should not undertake upon him-
self to settle 247
settlement of, by a person held to be false
if he was visited with divine or royal dis-
pleasure within three fortnights 249.
special rules about characteristics of wit-
ness as to 247
Boundary disputes, 247-251.
Bow equal to four cubits, 246 n 1
Bows, kinds of 66.
lengths of 66.
Brāhma, form of marriage, essence of, is in
gift of bride to bride-groom 81n 2.
is in vogue among kṣatriyas 84
Brahmacārin heir to 167
of two sorts 167n 1
Brāhmaṇa, adverse possession none against
a, learned in the Vedas 30,
adulterer punished with banishment and
branding but not liable to death 268,
became a śūdra after selling milk for three
days 91n 1
could not be made the slave even of a
brāhmaṇa 236
could do menial work for a learned brāh-
maṇa, but not impure work 236
could marry according to Manu girls of
all four classes 97 n 1
duty of, to give opinion as to causes, though
not appointed by king as member of court
4.
estate of heirless, does not go to king, but
to other brāhmaṇas 158
estate of heirless, goes to king in modern
times 158n 1.
even coming to kill, cannot be killed in
Kali age 262.
following certain professions should be
treated as a śūdra when witness 39.
if guilty of theft to be branded and banish-
ed 259
if learned, is master of everything 229
275 n 1
may take up arms in self-defence for pro-
tecting women, for removing hindrance to
dharma 262 n 1.
not liable to be killed, even though he was
an ātatāyin 261.
not liable to be made a slave 236,
offering oblation into fire for a fee on be-
half of a śūdra, condemned 115.
poison ordeal not to be administered to 44
proper punishment for 261
sin of killing of, could not be expiated by
any prāyaścitta 263 n 1
unable to pay fine, is to be banished 40.
wealth of heirless, went to other brā-
hmaṇas 166
wealth of heirless escheats to king in modern
times 166n 2, when ātatāyin, whether
could be killed 261-263.
Brāhmaṇas, of south marry maternal uncle's
daughter 7
of central India became hired labourers
and ate cow s flesh according to Bj "
of Eastern India ate fish 7

GENERAL INDEX 28
peculiar privileges of 89n 2.
Brahmayajña, meaning of 116n 2
every member of even an undivided family
was to perform separately 117n.
Branding, as punishment for brāhmaṇa
guilty of theft 259.
as punishment for playing with false dice
271.
for brāhmaṇa who becomes apostate from
sannyāsa 236
as punishment for sexual intercourse by
fraud 265.
for theft not resorted to, if proper prāya-
ścittas undergone 259
of mark of dog's foot for theft 259n 3
of marks 261n 2
Breach, of contract of service 235-239.
Bṛhad-Viṣṇu, 155n 1
Bṛhan-Manu, 190
Bṛhaspati, 3, 4, 5 &c.
criticizes Manu 141n 1.
Bṛhat saṁhitā, 47n 1.
Bribe, promised, need not be given even
though object accomplished 234
Brother, does not include sister for purposes
of inheritance 158
does not include son of the same mother
but of a different father 158n 1.
full, succeeds after parents 157
Brother's grandson, not included in brother's
son 159n 1.
Brother's son, takes along with the brother,
according to decided cases, under the
Mayūkha 159n.
Bühler, Prof. 110n 1.
Burden of proof, in several kinds of reply 15-
16.
Burning, on a bed of grass, punishment for
kidnapping women 258.
Cakra vṛddhi, compound interest, 198n 1
Caritra-bandhaka, 205, 205n 2.
Cattle, owner of straying, had to pay wages
to the person who guarded them 226
Catuṣpatha, cross road or thoroughfare, 249.
Causes, of litigants, order in which to be
heard 11.
Champerty, punished 11, 11n 2.
Charms, against enemies 261n 4
Chattels, three kinds of, in relation to theft
255
Civil and criminal matters, no clear-out dis-
tinction between procedure in 8n 3.
Civil Procedure Code, 9n 1, 11n 1, 12n 1,
10n 4, 274n 5.
Cloth, permissible reduction in weight of
when given for embroidering or drawing
figures 224.
Clothes worn by deceased father should be
given to him who partakes of the śrāddha
to the father 140
Coaxing, as an expedient for recovering a
debt, to be employed in what cases 210
Colebrooke translated nibandha as corody
78n 6.
Compact series of heirs, ends with brother's
son 161.
Concubine, entitled to maintenance from es-
tate of paramour against heirs if connec-
tion exclusive and continuous up to death
99n 1, 152n 2
has no right of maintenance against para-
mour during his lifetime 153n.
in order to get maintenance need not have
resided in the same house with her para-
mour's wife, children &c. 153n
Confiscation, as punishment for embezzling
property of a gaṇa 243.
as punishment for murder 260.
as punishment for rape 264.
of property, as punishment for śūdra
having sexual intercourse with a woman
of a higher caste 267
of whole wealth, for kidnapping a married
woman 258
what property not liable to 274
Conqueror, entitled only to tax on land and
not to ownership of land 81.
Contract, of service, breach of 235-239.
Contract Act (Indian) 203 n 1, 222, 224 n 1,
225, 230 n 1, 244 n 2
Conventions, established by king, examples
of 242 n 2.
established by king or local usage should
be observed by brāhmaṇas, if not opposed
to their dharma 242
examples of 242 n 2.
of guilds and corporations to be maintained
by king 242
of horse-dealers, to impose a tithe on them-
selves and their customers 242 n 2
Conversion, to Mahomedanism does not
cause loss of right to inherit by virtue of
act XXI of 1850, 192 n.
Coparcener, who is fifth or seventh in descent
may get his share if he and his ancestors

282 YAVAHĀRAMAYŪKHA
lived in a foreign country 96.
Coparcenary limits of Hindu 25 26 n 2.
root idea of 78 n 8
Corporal punishment,
for stealing one hundred palas of gold,
silver etc. 259
for stealing precious stones 259
for a śūdra wearing the peculiar marks o
brāhmaṇas (such as sacred thread) 271
for theft of corn 258.
not awarded to brāhmaṇas 261.
Corrody as translation of nibandha 25
Counterclaim, by defendant 16.
Court fee, in ancient Hindu Law 212 n 2.
Cow flesh of, eaten by brāhmaṇas of Ma-
dhyadeśa 7
owner of, not to be fined if it strays during
festivals or srāddhas, 216
Creditor if a brāhmaṇa or king was entitled
to