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Comparative notes by various authors:

Yājñavalkya (1.352). — ‘The king, having acquired the kingdom, should inflict punishment upon ill-behaved persons.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 284). — ‘Those persons who are not subjugated through the first three means, — the king shall subjugate by means of punishment; punishment being the most effective means of bringing men under control.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 286). — ‘It is only through fear of punishment that wicked men abstain from committing offences.’

VERSE 7.16

Section II - Punishment (daṇḍa)

तं देशकालौ शक्तिं च विद्यां चावेक्ष्य तत्त्वतः ।
यथार्हतः सम्प्रणयेन्नरेष्वन्यायवर्तिषु ॥१६॥

taṃ deśakālau śaktiṃ ca vidyāṃ cāvekṣya tattvataḥ |
yathārhataḥ sampraṇayennareṣvanyāyavartiṣu ||16||

To men who act unlawfully, he shall mete it out appropriately, having carefully considered the time and place, as also the strength and learning. — (16).

Medhātithi’s commentary (manubhāṣya):

Those ‘who act unlawfully,’ — i.e., do things harmful to the King. — i.e., such persons as the Chief Minister and others, — it is the punishment to be inflicted upon such men that is described now. As regards persons who behave unlawfully towards one another, the punishment to be inflicted is going to be described under VIII. 126, where it is said — ‘Having ascertained the motive &c &c.’; and the present verse also we have explained under that text. One additional factor introduced in the present text is ‘learning’, which stands for Vedic learning.

‘Appropriately’ — according as each man may deserve.

‘Mete out’ — inflict, bestow.

Punishment should be meted out after having fully considered all that is here mentioned. If inflicted in any other way, it would bring perceptible trouble to the King.

The two (similar) verses occurring in discourses VII and VIII differ in the following respects — (a) one refers to visible (worldly) matters and the other to invisible (super-physical) ones, and (b) one refers to the King’s servants and the other to his people. — (16)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākoì'a (p. 646), which adds the following notes: — Rājā, so called because of his giving satisfaction (rañjanāt), — puruṣaḥ, ‘equal to the Supreme Being’, residing in the hearts of the people; — he is the netā, the ‘leader’, the propagator of Dharma,

It is quoted in Vīramitrodaya (Rājanīti, p. 292); — and in Vivādacintāmaṇi (p. 261), which has the following notes: — Rājā, so called because he keeps the people contented ( ), — puruṣaḥ, the Supreme Person, because he abides in the heart (puri shete) of the people, — nètā, - ruler, master, — ‘śāsitā’, the propagator of proper righteousness.

Comparative notes by various authors:

Yājñavalkya (1.352). — (See under l5.)

Yājñavalkya (1.367). — ‘The king shall inflict punishment upon those who deserve it, after duly taking into consideration, the crime, the place and the time, as also the strength, age, act and wealth of the culprit,’

Gautama (12.51). — ‘The award of punishment should be regulated by a consideration of the status of the criminal, of his bodily strength, of the nature of the crime and whether the offence has been repeated.’

Vaśiṣṭha (19, 9-10). — ‘Punishment should be awarded in cases of assault and abuse after due consideration of the particular place and time, of the duties, age, learning, and the sect; in accordance with the scriptures and in accordance with precedents.’

Viṣṇu (3.91, 92). — ‘He should inflict punishments, corresponding to the nature of their offences, upon evil-doers. He should inflict punishments according to justice.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 255). — ‘The king should inflict punishment after due enquiry; everything rests upon punishment.’

Arthaśāstra (p. 32). — ‘Punishment is the means whereby the security of the science of philosophy, Vedic triad and Trade-Agriculture is obtained.’

Śukranīti 1.45-47). — ‘Through fear of punishment meted out by the king, each man gets into the habit of following his own Dharma. The person who follows his own Dharma can become powerful and influential in this world. With strict adherence to one’s own duty, there can he no happiness. Poliowing one’s own Dharma is the highest penance.’

VERSE 7.17

Section II - Punishment (daṇḍa)

स राजा पुरुषो दण्डः स नेता शासिता च सः ।
चतुर्णामाश्रमाणां च धर्मस्य प्रतिभूः स्मृतः ॥१७॥

sa rājā puruṣo daṇḍaḥ sa netā śāsitā ca saḥ |
caturṇāmāśramāṇāṃ ca dharmasya pratibhūḥ smṛtaḥ ||17||

That punishment is the ‘King’, the ‘Man’; that is the ‘Leader’ and the ‘Ruler’ and that has been declared to be the ‘surety’ for the Law of the Four Stages. — (17)

Medhātithi’s commentary (manubhāṣya):

That in reality is ‘King’; — as it is by reason of Punishment that the King’s power holds.

That is the ‘Man’; — since it disregards even powerful men and brings them under its power.

That is the ‘Leader’; — all business is led, managed, by it.

‘Ruler’ — ‘Ruling’ consists in the King’s commands; and these latter are capable of controlling men only when there is Punishment; and it is in this sense that the actual act of ruling has been figuratively attributed to it.

It is like ‘surety’ of ‘the Law of the Four Stages’; — i.e., Punishment does not allow men to swerve from their duty in the same manner as the surety does not allow the party to deviate from the stipulated conditions. — (17)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 646), which adds the following notes: — Rājā, so called because of his giving satisfaction (rañjanāt), — puruṣaḥ, ‘equal to the Supreme Being’, residing in the hearts of the people; — he is the netā, the ‘leader’, the propagator of Dharma.

It is quoted in Vīramitrodaya (Rājanīti, p. 292); — and in Vivādacintāmaṇi (p. 261), which has the following notes: — Rājā, so called because he keeps the people contented (prajārañjanāt), — puruṣaḥ, the Supreme Person, because he abides in the heart (puri shete) of the people, — netā, — ruler, master, — ‘śāsitā’, the propagator of proper righteousness.

Comparative notes by various authors:

(verses 7.17-18)

Matsyapurāṇa (Vīramitrodaya-Rājanīti, p. 286). — ‘Punishment governs all creatures; punishment alone protects them; punishment lies awake while all are asleep; the wise regard punishment as Law itself.’

Mahābhārata (Do., p. 287). — ‘It is punishment that protects Dharma, and also property; it is punishment that protects pleasure; hence is punishment called the Triad; by punishment is grain protected, as also wealth.’

VERSE 7.18

Section II - Punishment (daṇḍa)

दण्डः शास्ति प्रजाः सर्वा दण्ड एवाभिरक्षति ।
दण्डः सुप्तेषु जागर्ति दण्डं धर्मं विदुर्बुधाः ॥१८॥

daṇḍaḥ śāsti prajāḥ sarvā daṇḍa evābhirakṣati |
daṇḍaḥ supteṣu jāgarti daṇḍaṃ dharmaṃ vidurbudhāḥ ||18||

Punishment governs all creatures; Punishment alone protects them; Punishment lies awake while all are asleep; the wise regard Punishment as Law itself. — (18)

Medhātithi’s commentary (manubhāṣya):

It is not the King that administers the law, relating to the Injunction of what ought to be done and the Prohibition of what ought not to be done; it is Punishment that does this administering.

‘Punishment alone protects’ — the weak against the strong.

‘While all’ — King’s officers — ‘are asleep’ — it is only through fear of punishment that people desist from doing what they like.

There are two kinds of this Punishment, — (a) that inflicted by the King and (b) that inflicted by the God of Death (in hell). — (18)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 646), which explains jāgarti as ‘being awake’ in the sense that it serves the purpose of freeing men from all fear of thieves and other mischief-makers; — in Vīramitrodaya (Rājanīti, p. 292); — and in Vivādacintāmaṇi (p. 261), which says that ‘jāgarti’ means that he does the work of quelling thieves, which can be done only by a wakeful and watchful person.

Comparative notes by various authors:

(verses 7.17-18)

See Comparative notes for Verse 7.17.

VERSE 7.19

Section II - Punishment (daṇḍa)

समीक्ष्य स धृतः सम्यक् सर्वा रञ्जयति प्रजाः ।
असमीक्ष्य प्रणीतस्तु विनाशयति सर्वतः ॥१९॥

samīkṣya sa dhṛtaḥ samyak sarvā rañjayati prajāḥ |
asamīkṣya praṇītastu vināśayati sarvataḥ ||19||

When meted out properly after due investigation, it makes all people happy; but when meted out without due investigation, it destroys all things. — (19)

Medhātithi’s commentary (manubhāṣya):

‘Meted out’ — inflicted, set up.

‘After due investigation’ — i.e., after having duly examined the peculiarities of ‘time’, ‘place’ and other details mentioned before (Verse 10).

‘Makes happy’ — incites affection among the people.

When inflicted in a manner contrary to this, it does not -only fail in its own purpose; in fact when wrongly administered, it destroys the best interests of the people. — (19)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 647), which explains ‘svadhṛtaḥ’ (which is its reading for sa dhṛtaḥ) as ‘deservedly inflicted’; — in Vīramitrodaya (Rājanīti, p. 292) and also on p. 284; — and in Vivādacintāmaṇi (p. 262), which explains ‘sudhṛtaḥ’ (which is its reading for sa dhṛtaḥ) as ‘properly administered,’ — ‘samīkṣya’ as ‘according to the scriptures’.

Comparative notes by various authors:

Yājñavalkya (1.354-356). — ‘When inflicted according to the law, punishment renders happy the entire universe of gods, asuras and men; otherwise it creates disturbance among them. Illegal punishment is destructive of heaven, fame and popularity; legal punishment brings to the king Heaven, fame and victory.’

VERSE 7.20

Section II - Punishment (daṇḍa)

यदि न प्रणयेद् राजा दण्डं दण्ड्येष्वतन्द्रितः ।
शूले मत्स्यानिवापक्ष्यन् दुर्बलान् बलवत्तराः ॥२०॥

yadi na praṇayed rājā daṇḍaṃ daṇḍyeṣvatandritaḥ |
śūle matsyānivāpakṣyan durbalān balavattarāḥ ||20||

If the King did not untiringly mete out punishment to those that deserve punishment, the stronger would have boasted the weaker, like fish, on the spit; — (20)

Medhātithi’s commentary (manubhāṣya):

If punishment were not inflicted, then the ‘stronger’ — i.e., those possessed of greater strength, or more energetic, or wieding (wielding?) weapons, or being larger in numbers — ‘would have roasted the weaker, like fish, on the spit’; — i.e., just as fish are roasted on spit for food, so would the less powerful, be treated, by the more powerful, by suffering pecuniarily as well as physically, and also by being deprived of their wives and so forth.

For this reason the King should ‘untiringly’ punish those that deserve punishment; and he should not entertain any such notions as — ‘How can I carry on an investigation into this matter,? I shall not punish any one at all.’ — (20)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 648), which explains ‘daṇḍya’ as ‘one who deserves punishment’; — in Virāmitrodaya (Rājanīti, p. 292), — and also on p. 284, where the following explanation is added: — Just as people eat fish after cooking it on the spit, so would the strong injure the weak and take away their riches and other belongings; — and in Vivādacintāmaṇi (p. 263), which explains ‘daṇḍyeṣu’ as ‘those deserving punishment’.

Comparative notes by various authors:

Śukranītī (1.129). — ‘If the king is not a perfect guide, his subjects will get into trouble, as a boat without a helmsman sinks in the ocean.

Kāmandaka (1.10). — ‘If a king does not lead his people to the path of rectitude, these are tossed about.’

VERSE 7.21

Section II - Punishment (daṇḍa)

अद्यात् काकः पुरोडाशं श्वा च लिह्याद्द् हविस्तथा ।
स्वाम्यं च न स्यात् कस्मिंश्चित् प्रवर्तेताधरोत्तरम् ॥२१॥

adyāt kākaḥ puroḍāśaṃ śvā ca lihyādd havistathā |
svāmyaṃ ca na syāt kasmiṃścit pravartetādharottaram ||21||

The crow would eat the Sacrificial Cake, and the dog would lick the offering-materials; rights of ownership would not remain with any one and there would be a confusion among the high and low. — (21).

Medhātithi’s commentary (manubhāṣya):

Even such low animals as the crow, the dog and the like would vie with the gods; and they would come to eat the sacrificial cake and other offering-materials that should have been offered to the gods; — it they were not prevented from all this by means of punishment.

Further, ‘the rights of ownership’ — the relation of possessor and possessed — would not remain, — even between father and son, or between husband and wife; the husband would cease to be the husband of the wife, and women would go about independently by themselves.

‘Confusion among the high and low’; — the ‘low,’ e.g., the Caṇḍāla and the rest, would become ‘high’; and the ‘high’, e.g., the Brāhmaṇa and others, would become ‘low’, succumb to inferiority; Śūdras would come to preach the law, and the Vedic law would cease to be obeyed. — (21).

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 648), which explains ‘adharottaram’ as ‘subversion of the natural order of superiority and inferiority;’ — in Vīramitrodaya (Rājanīti, p. 292); — and in Vīvādacintāmaṇi (p. 263), which explains ‘adharottaram’ as ‘the reversal of all standards of superiority and inferiority.’

VERSE 7.22

Section II - Punishment (daṇḍa)

सर्वो दण्डजितो लोको दुर्लभो हि शुचिर्नरः ।
दण्डस्य हि भयात् सर्वं जगद् भोगाय कल्पते ॥२२॥

sarvo daṇḍajito loko durlabho hi śucirnaraḥ |
daṇḍasya hi bhayāt sarvaṃ jagad bhogāya kalpate ||22||

It is by punishment that all people are kept under control; for an absolutely guileless man is hard to find; it is through fear of punishment that the world subserves the experiences (of men). — (22).

Medhātithi’s commentary (manubhāṣya):

A man who, by his very nature, is ‘guileless’, in matters relating to duty, wealth and pleasures, is ‘hard to find,’ can be met with difficulty. In fact, it is ‘by punishment’ that a man is ‘kept under control’, kept firm in the right path; through fear of it, he does not give free vent to his desires.

‘The world subserves etc.’ — This has been already explained (under 15). — (22)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 286), which adds the explanation that it is difficult to have any one pure by his very nature; in most cases it is only through fear of punishment that people are kept on the right path. — It is quoted again on p. 292; — and in Vivādacintāmaṇi (p. 263).

Comparative notes by various authors:

Mahābhārata (12.15.34). — (Same as Manu.)

VERSE 7.23

Section II - Punishment (daṇḍa)

देवदानवगन्धर्वा रक्षांसि पतगोरगाः ।
तेऽपि भोगाय कल्पन्ते दण्डेनैव निपीडिताः ॥२३॥

devadānavagandharvā rakṣāṃsi patagoragāḥ |
te'pi bhogāya kalpante daṇḍenaiva nipīḍitāḥ ||23||

It is only when pressed by Punishment that Devas, Dānavas, Gandharvas, Rākṣasas, Birds and Reptiles subserve the experiences (of others). — (23).

Medhātithi’s commentary (manubhāṣya):

‘Devas’ — i.e., the God of Rain, of Wind, the Sun and so forth.

‘Subserve the experiences’ — e.g., by periodic heat, cold and rain, help in the development of the herbs and so forth.

All this is due to their being afraid of being punished. If it were not so, why should the Sun and the Moon, or Brahmā and the God of Rain, not swerve from their appointed task? If the Sun were not under some such control, he might not rise at all for two or three days; from fear of punishment, however, he never transgresses the prescribed limits. Says the Śruti text — ‘It is through fear that the Sun shines, it is through fear that the Moon shines, and it is through fear that Fire and Wind (function.)’

That the Dānavas and other evil spirits do not go on destroying the Universe all day and night, is due to the power of punishment. That the birds that adorn households — such as the parrot and the rest — do not take out the eyes of children, — that kites, crows, vultures and eagles do not devour the young children, — this also is due to the same cause.

Reptiles, serpents, abounding as they do, in anger and poison, do not all gather together and sting all living beings, — this also is due to the power of punishment.

For these reasons the text has provided this eulogy on punishment that, when even the extremely powerful gods and the rest, and the non-intelligent things also do not swerve from their appointed path, through fear of punishment, — what to say of human beings!

In this connection the ancients have quoted the following verse — ‘Seeing the humble position of the wild Pāṭala -tree, and the flamboyant floral display of the Kutaja, — by this subversion of relation he laughed (thinking) that even the low-born strikes at an opening’. (?) — (23)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 286), which explains ‘bhogāya kalpante’ as ‘remain fixed on their path.’ — It is quoted again on p. 292; — and in Vivādacintāmaṇi (p. 263).

Comparative notes by various authors:

Śukranīti (1.48, 49). — ‘Even gods minister to the wants of him by whom the practice of sticking to one’s own Dharma is increased among men.’

VERSE 7.24

Section II - Punishment (daṇḍa)

दुष्येयुः सर्ववर्णाश्च भिद्येरन् सर्वसेतवः ।
सर्वलोकप्रकोपश्च भवेद् दण्डस्य विभ्रमात् ॥२४॥

duṣyeyuḥ sarvavarṇāśca bhidyeran sarvasetavaḥ |
sarvalokaprakopaśca bhaved daṇḍasya vibhramāt ||24||

All the castes would become corrupt, all barriers would be broken through, and there would be disruption among all the regions, — if there were any mistakes in regard to punishment. — (24).

Medhātithi’s commentary (manubhāṣya):

‘Mistakes regarding punishment’ — i.e., its non-infliction, or its infliction in an unlawful manner. If there were any such, then ‘all the castes would become corrupt’; as unrestricted intercourse would lead to a confusion of castes.

‘Barriers’ — bounds — ‘would be broken through’; — all restrictions would disappear; Brāhmaṇas would behave like Śūdras and Śūdras like Brāhmaṇas. In this manner ‘there would be disruption among all regions; — i.e., the three regions would not help each other by imparting rain, heat and the rest. — (24)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 286), which adds the following notes: — ‘Duṣyeyuḥ’ — ‘men of the lower castes would have intercourse with women of the higher ones and thus give birth to improperly mixed-castes ’; and on this same account ‘all bounds of propriety indicated by the scriptures would be broken down.’ It is quoted again on p. 293; — and in Vivādacintāmaṇi (p. 263), which explains ‘vibhrama’ as ‘non-infliction’ or ‘wrong infliction’ (of punishment).

Comparative notes by various authors:

Śukranīti (1.50). — ‘The king should make his subjects acquire the habit of sticking to their own duty; he himself should stick to his own Dharma’

VERSE 7.25

Section II - Punishment (daṇḍa)

यत्र श्यामो लोहिताक्षो दण्डश्चरति पापहा ।
प्रजास्तत्र न मुह्यन्ति नेता चेत् साधु पश्यति ॥२५॥

yatra śyāmo lohitākṣo daṇḍaścarati pāpahā |
prajāstatra na muhyanti netā cet sādhu paśyati ||25||

Where dark-complexioned and red-eyed Punishment stalks about, destroying sins, there the people are not misled, provided that the Governor discerns rightly. — (25)

Medhātithi’s commentary (manubhāṣya):

These two are most praiseworthy for men (?). The author eulogises punishment by means of an imaginary metaphor.

Punishment is of two kinds — one kind inspires fear, and another brings pain; the former is indicated by the ‘dark completion’ and the latter by the ‘red eyes’.

The praise of punishment has been furnished.

Punishment should be inflicted, but with due consideration of the exigencies of time, place &c. Apart from this all else is purely commendatory.

‘Provided that the governor — he who metes out the punishment — ‘discerns rightly’; i.e., rules over the people after due consideration of time, place &c.; — ‘the people are not misled’ — do not become affected by any evil. — (25).

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara, (p. 646), which adds the following explanation: — ‘In the kingdom where the dark-complexioned red-eyed Personification of Punishment is active, the people prosper, — provided that the administrator, the ruler, judges rightly’; — and in Vivādacintāmāṇi (p. 261), which explains ‘netā......paśyati’, ‘if the administator of justice judges rightly.’

Comparative notes by various authors:

Mahābhārata (12.15.11). — (Same as Manu.)

Viṣṇu (3.95). — ‘Where punishment with a black hue and red eyes advances with irresistible might, the king deciding causes justly, — there the people will prosper.’

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