Читать книгу The Strategy of Warfare – Boxed Set - Carl von Clausewitz - Страница 154

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WHEN Government servants (arthachara) commit for the first time such offences as violation of sacred institutions (tírthágháta), or pickpocketing (granthibheda), they shall have their index finger cut off or shall pay a fine of 54 panas; when for a second time they commit the same, they shall have their ( ...... ) cut off or pay a fine of 100 panas; when for a third time, they shall have their right hand cut off or pay a fine of 400 panas; and when for a fourth time, they shall in any way be put to death.

When a person steals or destroys cocks, mangoose, cats, dogs or pigs, of less than 54 panas in value, he shall have the edge of his nose cut off or pay a fine of 54 panas. If these animals belong to either Chandalas or wild tribes half of the above fine shall be imposed.

When any person steals wild beasts, cattle, birds, elephants, tigers, fish, or any other animals confined in traps, fences, or pits, he shall not only pay a fine equal to the value of the stolen animals, but also restore the animals.

For stealing beasts or raw materials from forests, a fine of 100 panas shall be imposed. For stealing or destroying dolls, beasts, or birds from infirmaries, twice the above fine shall be levied.

When a person steals articles of small value, belonging to artisans, musicians, or ascetics he shall pay a fine of 100 panas; and when he steals big articles or any agricultural implements, he shall pay double the above fine.

When any person enters into a fort without permission, or carries off treasure through a hole or passage in the wall of the fort, he shall either be beheaded or be made to pay a fine of 200 panas.

When a person steals a cart, a boat or minor quadruped, he shall have one of his legs cut off or pay a fine of 300 panas.

When a gambler substitutes false dice to be hired for a kákaní or any other accessory things of dice-play, or commits fraud by tricks of hand, he shall have his hand cut off or pay a fine of 400 panas.

When any person abets a thief or an adulterer, he as well as the woman who voluntarily yields herself for adultery shall have their ears and nose cut off or pay each a fine of 500 panas, while the thief or the adulterer shall pay double the above fine.

When any person steals a big animal, abducts a male or female slave, or sells the articles belonging to a dead body (pretabhándam), he shall have both of his legs cut off or pay a fine of 600 panas.

When a man contemptuously rushes against the hands or legs of any person of a higher caste, or of a teacher, or mounts the horse, elephant, coach, etc., of the king, he shall have one of his legs and one of his hands cut off or pay a fine of 700 panas.

When a Súdra calls himself a Bráhman, or when any person steals the property of gods, conspires against the king, or destroys both the eyes of another, he shall either have his eyes destroyed by the application of poisonous ointment, or pay a fine of 800 panas.

When a person causes a thief or an adulterer to be let off or adds or omits anything while writing down the king's order, abducts a girl or a slave possessed of gold, carries off any deceitful transaction, or sells rotten flesh, he shall either have his two legs and one hand cut off or pay a fine of 900 panas.

Any person who sells human flesh shall be condemned to death.

When a person steals images of gods or of animals, abducts men, or takes possession of fields, houses, gold, gold-coins, precious stones, or crops of others, he shall either be beheaded or compelled to pay the highest amercement.

 Taking into consideration the (social position of) persons, the nature of the offence, the cause, whether grave or slight (that led to the perpetration of the offence), the antecedent and present circumstances, the time, and the place;

 and without failing to notice equitable distinctions among offenders, whether belonging to royal family or to the common people, shall the commissioner determine the propriety of imposing the first, middlemost, or highest amercements.

[Thus ends Chapter X, "Fines in lieu of mutilation of limbs" in Book IV, “The Removal of Thorns” of the Arthasástra of Kautilya. End of the eighty-seventh chapter from the. beginning.]