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Comparative notes by various authors:

(verses 9.261-263)

See Comparative notes for Verse 9.261.

VERSE 9.263

Section XXXVII - Detection of Criminals

न हि दण्डाद् ऋते शक्यः कर्तुं पापविनिग्रहः ।
स्तेनानां पापबुद्धीनां निभृतं चरतां क्षितौ ॥२६३॥

na hi daṇḍād ṛte śakyaḥ kartuṃ pāpavinigrahaḥ |
stenānāṃ pāpabuddhīnāṃ nibhṛtaṃ caratāṃ kṣitau ||263||

The crimes of evil-minded thieves secretly prowling over the earth cannot be suppressed without punishment. — (263)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 293), which adds the following notes: — ‘Pāpavinigrahaḥ,’ prevention of theft; — ‘pāpabuddhīnām,’ people who are by nature inclined to be sinful; — ‘nibhṛtam,’ secretly.

Comparative notes by various authors:

(verses 9.261-263)

See Comparative notes for Verse 9.261.

VERSE 9.264-266

Section XXXVII - Detection of Criminals

सभाप्रपाऽपूपशालावेशमद्यान्नविक्रयाः ।
चतुष्पथांश्चैत्यवृक्षाः समाजाः प्रेक्षणानि च ॥२६४॥

जीर्णोद्यानान्यरण्यानि कारुकावेशनानि च ।
शून्यानि चाप्यगाराणि वनान्युपवनानि च ॥२६५॥

एवंविधान्नृपो देशान् गुल्मैः स्थावरजङ्गमैः ।
तस्करप्रतिषेधार्थं चारैश्चाप्यनुचारयेत् ॥२६६॥

sabhāprapā'pūpaśālāveśamadyānnavikrayāḥ |
catuṣpathāṃścaityavṛkṣāḥ samājāḥ prekṣaṇāni ca ||264||

jīrṇodyānānyaraṇyāni kārukāveśanāni ca |
śūnyāni cāpyagārāṇi vanānyupavanāni ca ||265||

evaṃvidhānnṛpo deśān gulmaiḥ sthāvarajaṅgamaiḥ |
taskarapratiṣedhārthaṃ cāraiścāpyanucārayet ||266||

Assembly-rooms, water-drinking booths, sweetmeat shops, brothels, taverns and victualler’s shops, cross-roads, trees of worship, festive gatherings and theatres; — (264)

Old gardens, forests, shops of artisans, uninhabited houses, groves and gardens; — (265) — these and similar places the king shall cause to be guarded by companies of soldiers, stationary as well as patrolling, and also by spies, — in order to keep away thieves. — (266)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

Explanatory notes by Ganganath Jha:

(verse 9.264)

This verse is quoted in Vivādaratnākara (p. 336), which adds the following notes: — ‘Apūpaśālā’ is the place where cakes are sold; — ‘veśa,’ the house of the prostitute; — ‘madyānnavikraya,’ places where wines and grains are sold; — ‘caityavṛkṣa,’ large tree; — ‘samāja,’ must be taken as standing for assemblages other than the ordinary ‘sabhā’ or meeting place, this latter having been already mentioned; such other assemblages also are likely to be frequented by thieves; — ‘prekṣaṇa’ are places of dancing and other amusements.

It is quoted in Aparārka (p. 841).

(verse 9.265)

This verse is quoted in Aparārka (p. 841); — and in Vivādaratnākara (p. 336), which explains ‘Kārukāveśanāni’ as the shops of artisans.

(verse 9.266)

This verse is quoted in Aparārka (p. 841); — and in Vivādaratnākara (p. 336), which adds the following notes: — ‘Gulmaiḥ’, companies of soldiers; — these are qualified by the epithet ‘sthāvarajaṅgamaiḥ’; the meaning thus is ‘by companies of soldiers, located in a fixed place; as well as, operating in moving columns’; — ‘cāraiḥ etc.,’ for the prevention of theft the king should have all possible haunts of thieves watched by spies.

Comparative notes by various authors:

(verses 9.264-269)

Nārada (Vivādaratnākara, pp. 335 and 337). — ‘The King shall search for thieves on roads passing on boundaries, and in places inhabited by dishonest men as bad as thieves; he shall make a search in villages through Caṇḍālas and executioners and other persons who may he in the habit of moving about at night...... He shall have the thieves shadowed by variously disguised spies clover in the art of catching thieves, and other trustworthy persons. These spies shall employ by gifts those who have been thieves in the past, and with the advice of these men, they shall arrange to meet the thieves. If some of these do not come to meet them, they shall be at once arrested along with their sons and relations.’

VERSE 9.267

Section XXXVII - Detection of Criminals

तत्सहायैरनुगतैर्नानाकर्मप्रवेदिभिः ।
विद्यादुत्सादयेच्चैव निपुणैः पूर्वतस्करैः ॥२६७॥

tatsahāyairanugatairnānākarmapravedibhiḥ |
vidyādutsādayeccaiva nipuṇaiḥ pūrvataskaraiḥ ||267||

He shall detect and exterminate them by means of clever reformed thieves, who associate with them, follow them and become apprised of their machinations. — (267)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

Explanatory notes by Ganganath Jha:

‘Utsādayet’. — Govindarāja and Nārāyaṇa read ‘utsāhayet’ ‘should incite them to commit crimes’.

Comparative notes by various authors:

(verses 9.264-269)

See Comparative notes for Verse 9.264-266.

VERSE 9.268 [Treatment of Criminals and their Punishment]

Section XXXVIII - Treatment of Criminals and their Punishment

भक्ष्यभोज्योपदेशैश्च ब्राह्मणानां च दर्शनैः ।
शौर्यकर्मापदेशैश्च कुर्युस्तेषां समागमम् ॥२६८॥

bhakṣyabhojyopadeśaiśca brāhmaṇānāṃ ca darśanaiḥ |
śauryakarmāpadeśaiśca kuryusteṣāṃ samāgamam ||268||

They shall bring them together by means of offers of food and drink, by introducing to Brāhmaṇas, and by exhibition of martial feats. — (268)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

Comparative notes by various authors:

(verses 9.264-269)

See Comparative notes for Verse 9.264-266.

VERSE 9.269

Section XXXVIII - Treatment of Criminals and their Punishment

ये तत्र नोपसर्पेयुर्मूलप्रणिहिताश्च ये ।
तान् प्रसह्य नृपो हन्यात् समित्रज्ञातिबान्धवान् ॥२६९॥

ye tatra nopasarpeyurmūlapraṇihitāśca ye |
tān prasahya nṛpo hanyāt samitrajñātibāndhavān ||269||

Those among them who do not come, and those who are careful in their dealings with the older men, — these the king shall attack by force and destroy, along with their friends, kinsmen and relations. — (209)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

Explanatory notes by Ganganath Jha:

‘Mūlapraṇihitāḥ’. — ‘Who suspect the old thieves employed by the king’ (Kullūka and Rāghavānanda); — ‘who have been sent by ministers and others staying in his kingdom’ (Nārāyaṇa); — ‘who have discovered the root, i.e., the reasons of the proceedings of the spies’ (Nandana).

Comparative notes by various authors:

(verses 9.264-269)

See Comparative notes for Verse 9.264-266.

VERSE 9.270

Section XXXVIII - Treatment of Criminals and their Punishment

न होढेन विना चौरं घातयेद् धार्मिको नृपः ।
सहोढं सोपकरणं घातयेदविचारयन् ॥२७०॥

na hoḍhena vinā cauraṃ ghātayed dhārmiko nṛpaḥ |
sahoḍhaṃ sopakaraṇaṃ ghātayedavicārayan ||270||

The righteous king shall not put a thief to death unless caught with the stolen goods; when however one is caught with the stolen goods, and the implements of burglary, he may, without hesitation, put him to death. — (270)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

Explanatory notes by Ganganath Jha:

This verse is quoted in the Aparārka (p. 849), which explains ‘hoḍham’ as ‘stolen property — and ‘upakaraṇam’ as implements of thieving.

Comparative notes by various authors:

Kātyāyana (Aparārka, p. 849). — ‘Whether the man has, or has not, been found in possession of the stolen goods, if his crime has been established by evidence, he shall have his limbs cut off and then banished.’

Nārada (Theft: 8-11). — ‘Those on whom the stolen goods have been seized, the King should examine, when they have been arrested on suspicion; their fear having been excited, they shall depose truthfully regarding the facts of the case. When questions are put to them their face changes colour, or the voice falters,...... when they are found to have been previously convicted of larceny, or when there is documentary evidence against them; it is by all these means that they should be convicted as thieves, and not merely by being in possession of the stolen goods.’

VERSE 9.271

Section XXXVIII - Treatment of Criminals and their Punishment

ग्रामेष्वपि च ये के चिच्चौराणां भक्तदायकाः ।
भाण्डावकाशदाश्चैव सर्वांस्तानपि घातयेत् ॥२७१॥

grāmeṣvapi ca ye ke ciccaurāṇāṃ bhaktadāyakāḥ |
bhāṇḍāvakāśadāścaiva sarvāṃstānapi ghātayet ||271||

He shall also strike all those in a village who supply food for thieves or provide room for the goods. — (271)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

Explanatory notes by Ganganath Jha:

‘Bhāṇḍāvakaśadāḥ’ — ‘Who give them room for concealing their implements’ (Kullūka); — ‘who give them money for buying arms and other things, as also other shelter’ (Nārāyaṇa).

This verse is quoted in Aparārka (p. 849); — in Vivādaratnākara (p. 388), which adds the following notes: — ‘Bhakta’, cooked food; — ‘bhāṇḍa’, thieving implements other than arms; — ‘avakāśa’ sheltering place; — and in Vyavahārara-Bālambhaṭṭī (p. 991).

Comparative notes by various authors:

[See Manu 2.278.]

Yājñavalkya (2.276). — ‘If a man is found to have knowingly supplied to the thief or the robber with food or lodging, or fire, or water, or advice, or implements, or expenses, he shall be punished with the highest amercement.’

Gautama (Aparārka, p. 850). — ‘The man who advises the thief, or knowingly receives the stolen goods, is equal to the thief.’

Kātyāyana (Vivādaratnākara, p. 340), — ‘Those who buy the vessels or receive the stolen goods, or those who hide the thieves, are declared to be subject to the same punishments as the thieves themselves.’

Viṣṇu (Do.). — ‘The King shall put to death those who supply thieves with food and lodging.’

Nārada (14.19). — ‘Those who give food or shelter to thieves seeking refuge with them, or who suffer them to escape, though able to arrest them, partake of the crime themselves.’

Do. (Theft: 13-14). — ‘Those who give food to thieves, as well as those who supply them with fire or water, or who give shelter, or show the way to them, or make their defence, or who buy their goods, or receive their goods, or those who hide them are held to be as punishable as the thieves themselves.’

VERSE 9.272

Section XXXVIII - Treatment of Criminals and their Punishment

राष्ट्रेषु रक्षाधिकृतान् सामन्तांश्चैव चोदितान् ।
अभ्याघातेषु मध्यस्थाञ् शिष्याच्चौरानिव द्रुतम् ॥२७२॥

rāṣṭreṣu rakṣādhikṛtān sāmantāṃścaiva coditān |
abhyāghāteṣu madhyasthāñ śiṣyāccaurāniva drutam ||272||

If those persons who are entrusted with the work of guarding the realm, and those vassals who have been ordered to assist, should remain neutral during the raids (against thieves), the king shall punish them speedily, like thieves. — (272)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 850); — in Vivādaratnākara (p. 341), which adds the following notes: — ‘Rāṣṭrādhikṛtān’ i.e., inhabitants of the village; — ‘deśitān’, deputed to guard the village; — ‘madhyasthān’, those men who are looking on while people are being robbed by thieves and harassed; — all these the king shall punish like thieves; — in Vyvahāra-Bālambhaṭṭī (p. 991); — and in Vivādacintāmaṇi (Calcutta, p. 93).

Comparative notes by various authors:

Nārada (Theft: 15-18). — ‘Those who are the governors in the principality, and the neighbours called in to save life and property are reckoned as equal to thieves when they stand neutral during the attack (by robbers). He on whose ground a robbery has been committed must trace the thieves to the best of his power, or else he must make good what has been stolen, unless the foot-prints can be traced from that ground to another man’s ground; when the foot-prints cannot be traced any further, the neighbours, road-inspectors and governors of that region shall be made responsible for the loss. When a bouse has been plundered, the King shall cause the detectives, the guards and the inhabitants of that region to make good the loss, if the thief is not caught.’

VERSE 9.273

Section XXXVIII - Treatment of Criminals and their Punishment

यश्चापि धर्मसमयात् प्रच्युतो धर्मजीवनः ।
दण्डेनैव तमप्योषेत् स्वकाद् धर्माद् हि विच्युतम् ॥२७३॥

yaścāpi dharmasamayāt pracyuto dharmajīvanaḥ |
daṇḍenaiva tamapyoṣet svakād dharmād hi vicyutam ||273||

If one who subsists on religion deviates from religious ordinances, he shall punish him severely by a fine, — fallen as he is from his duty. — (273)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya.)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 625), which adds the following notes: — ‘Samaya’, scriptural conventions; — ‘dharmajīvanaḥ’ Brāhmaṇa and the rest; — ‘āploṣet’, should bum i.e., inflict pain; — and in Vyavahāra-Bālambhaṭṭī (p. 991).

VERSE 9.274

Section XXXVIII - Treatment of Criminals and their Punishment

ग्रामघाते हिताभङ्गे पथि मोषाभिदर्शने ।
शक्तितो नाभिधावन्तो निर्वास्याः सपरिच्छदाः ॥२७४॥

grāmaghāte hitābhaṅge pathi moṣābhidarśane |
śaktito nābhidhāvanto nirvāsyāḥ saparicchadāḥ ||274||

If people do not hasten to assist, to the best of their power, whenever a village is attacked, or a dyke is breaking, or a highway robbery is being committed, — they should be banished along with their chattels. — (274)

Medhātithi’s commentary (manubhāṣya):

If the men concerned are capable of rendering help, but desist, through laziness or some such cause, — they should be banished.

Those however who may have entered into some compact with the thieves, shall be put to death, as already laid down (under 269).

‘Chattels’ — cows, horses and so forth All this also shall be sent away, and not confiscated. They should not be deprived of their cattle, though their wealth may be confiscated. — (274)

Explanatory notes by Ganganath Jha:

This verse is quoted in ‘Aparārka’ (p. 850), which explains ‘hiḍabhaṅge’ (which is its reading for ‘hitābhaṅge’ as the destroying of crops in a field belonging to others; — in Vivādaratnākara (p. 341), which adds the following notes — ‘Grāmaghāte’ during village disturbances; — ‘hitabhaṅge’, the breaking of dams set up for the protection of crops; — ‘moṣābhidarśana’, looking on theft being committed; — ‘nivāṣyāḥ’, should be banished from the country; — ‘saparichadāḥ’, along with their families and belongings; — and in Vyavahāra-Bālambhaṭṭī (p. 991).

Comparative notes by various authors:

[See texts under 272.]

Viṣṇu (5.74) — ‘The double punishment is likewise ordained for those who do not give assistance to one calling for help, though they happen to he on the spot, or who run away after having approached it.’

Nārada (Aparārka, p. 850). — ‘When people are crying for help when some one is being forcibly carried away, — if one, on hearing the cry, does not go forward to help, he shall partake of the crime.’

VERSE 9.275

Section XXXVIII - Treatment of Criminals and their Punishment

राज्ञः कोशापहर्तॄंश्च प्रतिकूलेषु च स्थितान् ।
घातयेद् विविधैर्दण्डैररीणां चोपजापकान् ॥२७५॥

rājñaḥ kośāpahartṝṃśca pratikūleṣu ca sthitān |
ghātayed vividhairdaṇḍairarīṇāṃ copajāpakān ||275||

Those who rob the king’s treasuries and those who are disaffected towards him, as also those who conspire with his enemies, — the king shall strike with various forms of punishment. — (275)

Medhātithi’s commentary (manubhāṣya):

‘Treasury’ — the place where the king’s riches are stored; those who rob this are to be put to death, irrespectively of the quality or quantity of the property stolen.

Those also who behave disaffectedly towards him; — for instance, those who obstruct the king’s attempts to import such rare foreign articles, as the coal-black horse which is rare for Easterners, or the elephant, which is rare for the Northerners, — or try to turn his friends into enemies, and try to bring about an alliance of these with his enemies, — and thus ‘conspire with his enemies’ — and egg them on; — these he shall put to death.

It has been already explained that since the penalty is meant for the accomplishment of a definite purpose of the King, it need not always be actual death. — (275)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 853), which notes that ‘rājñaḥ’ is to be construed with each of the other terms; — again on p. 864, it adds the following notes: — ‘Upajāpakāḥ’ supporters, — ‘Vividhaiḥ daṇḍaiḥ’ i.e. every form of punishment should be inflicted in accordance with the nature of the offence.

It is quoted in Mitākṣarā (2.302), which explains ‘vividhaiḥ daṇḍaiḥ’ as ‘such penalties as confiscation of the entire property, cutting off of limbs and death;’ — in Vivādaratnākara (p. 367), which explains ‘koṣa’ as the ‘king’s amassed wealth’, — and ‘upajāpakān’ as persons creating dissension in the kingdom (among the soldiers, ‘virāṇām’ which is its reading for ‘arīṇām’); — in Vyavahāramayūkha (p. 110); — in Parāśaramādhava (Vyavahara, p. 395); — in Vyavahāra-Bālambhaṭṭī (p. 991); — and in Vīramitrodaya (Vyavahāra 225b).

Comparative notes by various authors:

Kātyāyana (Vivādaratnākara, p. 368). — ‘Those who are addicted to amusements reserved for the King, those who take upon themselves the functions of the King, and those who talk ill of the King, all these shall suffer corporal punishment. — Those who assume the appearance of the King, those who amuse themselves during the hours of work, those who extort exorbitant taxes, and those who steal the King’s wealth, — should suffer diverse forms of corporal punishment.’

Viṣṇu (Do., p. 369). — ‘Those who, not belonging to the royal family, seek to obtain the kingdom should be put to death.’

Vyāsa (Parāśaramādhava-Vyavahāra, p. 395). — ‘Those Judges who, on receiving bribes, decide a case unjustly, those who injure the King’s property, those who live on bribes, — these the King shall banish, after having confiscated all their property.’

VERSE 9.276-277

Section XXXVIII - Treatment of Criminals and their Punishment

सन्धिं छित्त्वा तु ये चौर्यं रात्रौ कुर्वन्ति तस्कराः ।
तेषां छित्त्वा नृपो हस्तौ तीक्ष्णे शूले निवेशयेत् ॥२७६॥

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