The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com
The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com
1. 1 Injuring (a man) with a hand, stone, club, or (throwing at him) ashes, or mud, or dust, or (attacking him with) a weapon, is termed assault.
2. 2 Throwing ashes or the like (at a man), or striking him with a hand or the like, is (termed) an assault of the first degree; the fine to be inflicted in that case shall amount to a Mâsha.
3. This fine is ordained for (an assault on) equals in caste; (for assaults) on another man's wife or on a superior, it shall be twofold or threefold, according to the sages, according to the rank (of the person injured).
4. 4 He who having been abused returns the abuse, or having been beaten returns the blow, or strikes an offender down, commits no wrong.
5. 5 When a person throws gravel, stones, or pieces of wood at another, the first (or lowest) fine shall be inflicted on him. When they mutually strike one another with a hand or foot, it shall amount to ten or twenty Panas respectively.
6. 6 The second fine shall be imposed when two persons in anger use weapons against one another; when a wound has been inflicted, the punishment shall be fixed by experts, corresponding to the severity of the hurt.
7. For injuring (a person) with bricks, stones, or a wooden club, (the fine shall be) two Mâshas; the double fine shall be inflicted, according to the sages, when blood flows.
8. 8 For tearing the skin, the first (or lowest) fine (shall be inflicted); for tearing the flesh, the second fine; for breaking a bone, the highest fine; for killing, capital punishment.
9. For breaking the ear, nose, or hand (of a person), or injuring his teeth, or feet, the second fine shall be inflicted; and double of that, for entirely cutting off (any of those limbs).
10. 10 He who injures a limb, or divides it, or cuts it off, shall be compelled to pay the expense of curing it; and (he who- forcibly took an article in a quarrel, shall restore) his plunder.
11. 11 When a man has been beaten in a solitary place, or when no wound is seen, the offender shall
be found out by circumstantial evidence or by an oath or ordeal.
12. When he has been struck in the interior of a house, or in a wood, or at night, and blood becomes visible, one shall not examine witnesses.
13. 13 When two persons strike simultaneously, the punishment shall be equal for both; the first aggressor and he who is a habitual mischief-maker shall be compelled to pay a larger fine.
14. 14 When a low person offends a man in high position by harsh words or the like, that man must not be persecuted by the king if he beats his aggressor.
15. 15 Persons begotten in the inverse order of castes, and members of the lowest caste, are called the refuse of society; should they insult a Brahman, they shall be corporally punished, and shall never be amerced in a fine.
16. 16 He who employs at an improper time, for drawing or carrying, tired, or hungry, or thirsty animals, shall be compelled to atone for it in the same way as a cow-killer, or to pay the first fine.
357:1 XXI, 1. Ratn. p. 259.
357:2 2, 3. Ratn. p. 261; Viv. p. 144.
357:4 May. p. 139; Vîram. p. 472; Viv. p. 153; Ratn. p. 276.
358:5 Ratn. p. 263; Viv. p. 145; Vîram. p. 473.
358:6 6, 7. Vîram. p. 474; Viv. p. 147; Ratn. p. 264.
358:8 8, 9. Viv. p. 148.
358:10 Viv. p. 153; Ratn. p. 270; Vîram. p. 477.
358:11 11, 12. Ratn. p. 273.
359:13 Ratn. p. 275.
359:14 Ratn. p. 276.
359:15 Ratn. p. 277.
359:16 Ratn. p. 280.