Chapter 66

Physical Assault

If one cannot determine the cause of a physical assault by motive and other means, one should employ witnesses or a divine ordeal there. // K_779 //

The man who strikes with a threatening weapon, or who strikes first without being hurt, is declared to be punishable. // K_780 //

For cutting off the ear, lip, nose, foot, eye, tongue, penis, or hand, the highest fine; for splitting them, the middle fine, says Bhṛgu. // K_781 //

When a blow is struck to cause pain to men or animals, the punishment should be inflicted in proportion to the pain caused. // K_782 //

For beating untouchables, rogues, slaves, barbarians (mlecchas), sinners, and those born of mixed unions against the natural order, there is no monetary fine. // K_783 //

For defiling with vomit, urine, feces, and the like, the fine shall be four-fold (if below the navel), six-fold in the middle of the body, and it is remembered as eight-fold on the head. // K_784 //

For raising the hand (to strike), a fine of twelve should be imposed. The same is said to be double for actually striking, among one's own caste. // K_785 //

Just as the fines were stated for verbal assault in cases of unions against and with the natural order of castes, so also should the fines be imposed in order for physical assault. // K_786 //

In case of destruction of the body or a sense organ, just as the punishment is fixed, so also should compensation for satisfaction be given, and the cost of recovery (samutthāna), by the learned. He shall also pay the medical expenses (samutthānavyaya) until the wound is healed. // K_787 //

For those offenders for whom verbal punishment and beating are prescribed, they shall be made to restore what was taken or broken. If they are destitute, they must be purified by labor. // K_788 //

The man who makes donkeys, oxen, buffaloes, camels, and the like work when they are tired, thirsty, or hungry, or at an improper time, shall incur the first amercement. // K_789 //

For killing a deer or a bird, the fine is two paṇas; for killing snakes, cats, mongooses, dogs, or boars belonging to men, it is twelve paṇas. // K_790 //

He who forces a young cow, a sacrificial animal, a breeding bull, or an ox to work shall incur the first amercement (pūrvasāhasa); for killing them, the highest punishment (death) is prescribed. // K_791 //

For causing the death of living beings, one should give a substitute for it, or one should give its equivalent value; thus said Manu. // K_792 //

For all kinds of trees, the fine for causing injury should be proportionate to their usefulness; this is the established rule. // K_793 //

If a teacher, out of anger, strikes a pupil with anything other than a rope, causing excessive pain, a suit may be brought by the pupil's father. // K_794 //