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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1*10. When the face changes colour or the voice falters, or the features look suspicious, when they do not give evidence in public, when they make impossible statements as to place and time, when there exists a doubt as to their place of residence, *11, When they indulge in expense for bad purposes, when they have been previously convicted of larceny, when they keep bad company, or when documents speak against them, (by all such circum- g. ‘ Antithetically ’ (vinigrahe), or ‘when they have been arrested.’ 10, 1x. A somewhat analogous description of the signs by which a false witness may be found out, has been given previously: I, 193-196. 17. THEFT. 225 stances) they may be discovered (to be thieves), not by the possession of the stolen goods alone. *12, Whena ruffian or robber becomes suspected, and (the judge) has found out circumstantial evidence (which speaks against him), he shall be caused to make an oath. *13. 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, *14. Or who buy their goods, or receive (their goods), are held to be equally punishable as they, and so are those who conceal them. 15. Those who in a principality are the governors of that principality, and the neighbours called in (to watch over the safety of life and property) are (reckoned as) equal to thieves, when they stand neutral during the attack (of robbers). *16. 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 footmarks can be traced from that ground (into another man’s ground). *17, When the footmarks, after leaving that ground, are lost and cannot be traced any further, the neighbours, inspectors of the road, and governors of that region shall be made responsible for the loss. 12. The term lesa has been rendered by ‘ circumstantial evidence,’ because it seems to be synonymous with yuktilesa, I, 236. 13, 14. Manu IX, 271, 278. 15. Nearly identical with Manu IX, 272. 16. The term gofara, translated ‘ground,’ may denote the landed property or pasture ground of a whole village. See above, XIV, 22, 23. 17. See XIV, 24. 33] Q 226 NARADA. 18, 18. When a house has been plundered, the king shall cause the thief-catchers, the guards, and the inhabitants of that kingdom to make good the loss, when the thief is not caught. 19. Or, if he is a wicked man and there exists a doubt as to (whether) the robbery (was actually committed or not), the person (alleged to have been) robbed shall be caused to make an oath regarding the robbery, to clear himself (from suspicion). 20. When another person than the thief has been accused of robbery and has been declared thief, because he is unable to prove his innocence, he shall be paid twice as much (as has been stolen), after the (real) thief has been detected.
220. When another person than the thief has been accused of robbery and has been declared thief, because he is unable to prove his innocence, he shall be paid twice as much (as has been stolen), after the (real) thief has been detected. 21. When a man has obtained property stolen by a thief, he must restore it in its pristine shape ; if it be no longer in existence, he must make good its value, and must be made to paya fine to the same amount. *22. For stealing wood, cane, grass and the like, (utensils) made of clay, bamboo, utensils made of bamboo, rattan, bone, leather, *23. Vegetables, green roots, grass or flowers, cow-milk, molasses, salt, or oil, *24. Cooked food (and other) prepared food, spirituous liquor, flesh, and every sort of objects of small value—(for stealing any of these) a fine five times the value (of the article stolen should be paid). *25. (For stealing) any articles sold by weight or measure or tale, the fine shall be eight times their amount, in case they are very valuable. 19. The senseless reading of the MS., dapyaka tesham, has been conjecturally altered into doshakartaisha. 22-24. Manu VIII, 326-329. 25. Manu VIII, 321. 3I- THEFT. 227 26. Corporal punishment (or death) shall be inflicted on him whosteals more than ten Kumbhas of grain; where the amount is less, he shall be made to pay eleven times as much. Thus Manu has declared. *27, (For stealing) more than a hundred (Palas’ worth) of gold, silver, or other (precious metals), or the finest clothes, or very precious gems, corporal punishment (or death shall be inflicted). 28. He who steals a man shall have to pay the highest fine; he who steals a woman (shall be stripped) of his entire wealth; and he who steals a maiden (shall suffer) corporal punishment. *29. On him who forcibly seizes large domestic animals, the highest fine shall be inflicted; the middlemost amercement on him who takes cattle of middle size; and the smallest fine on him who steals small cattle. 30. The first (or lowest) fine to be inflicted on a guilty person shall amount to neither more nor less than twenty-four (Pazas). The middlemost fine shall consist of not more than four hundred, and not less than two hundred (Pamas). 31. The highest fine should be known to consist of not more than a thousand, and not less than five hundred (Pazas). This is the threefold gradation of punishment, which has been proposed by the Self- Existent for robberies. 26. Manu VIII, 320. 27,28. Manu VIII, 321, 323. 29. Manu VIII, 325. 30, 31. The reading of these two paragraphs is quite uncertain. The rules laid down here apparently differ considerably from the analogous rules of Manu (VIII, 158) and other legislators. Q 2 228 NARADA. 32. *32. (When the offence has been committed) for the first time, cut-purses shall have their (little) finger and thumb cut off. (When it has been committed) for the second time, the first fine shall be levied on them.
3Q 2 228 NARADA. 32. *32. (When the offence has been committed) for the first time, cut-purses shall have their (little) finger and thumb cut off. (When it has been committed) for the second time, the first fine shall be levied on them. *33. For (stealing) cows belonging to a Brahman, for piercing (the nostrils of) a barren cow, and for stealing a female slave, (the thief) shall in every case lose half his feet. 34. With whatever limb a thief acts among men, that very (limb) shall be taken from him, this is a law enacted by Manu. 35. Let him inflict a specially heavy punishment on a specially criminal thief, or (a lighter one) on one whose offence is less heavy. But let him not (punish an habitual thief) in the same way as for the first offence. 36. Manu, the son of the Self-Existent, has declared ten places of punishment, which should be (selected) in (punishing members of the) three (lower) castes ; a Brahman should remain uninjured always. 37. (Those places are) the privy parts, the belly, the tongue, the two hands, and, fifthly, the two feet ; as well as the eye, the nose, the two ears, the property, and the body. 32. Manu IX, 277. 33- The parallel passage of Manu (VIII, 325) shows that sthfrayas khedanam is the correct reading. For the three different explanations of this term, which have been proposed by the commentators of Many, see the note to Professor Buhler’s translation. The translation follows the interpretation proposed by Kullfka, Govindaraga, and Raghavananda, which appears to be preferable to the others. 34. Nearly identical with Manu VIII, 334. 36, 37. Nearly identical with Manu VIII, 124, 125. 44. PUNISHMENTS. 229 38. After carefully considering the (nature of the) offence, the place and time, and after examining the ability (of the offender), and the motive (by which he was actuated), he shall inflict these punishments. 39. Neither for the purpose of gaining a friend (in him), nor for the acquisition of large wealth, must a wicked criminal be suffered to go free by the king. Thus Manu has declared. 40. By pardoning an offender, a king commits the same offence as by punishing an innocent man. Religious merit accrues to him from punishing (the wicked). 41. Let him not on any account kill a Brahman, though convicted of all possible crimes. He may at pleasure cause him to be banished, thus has the law been settled. 42. Let the king take his entire wealth from him or leave him a fourth part of it (only he must not take his life), remembering the law promulgated by the Creator. This is just. 43. For four offences of a Brahman, branding him is ordained (as punishment) : for violating the bed of a Guru, for drinking spirituous liquor, for theft, and for hurting another Brahman. *44. For violating the bed of a Guru, (the brand of) a female part should be made; for drinking 38. Manu VIII, 126. 39. Manu VIII, 347. 40. Nearly identical with Manu IX, 249. 41. Manu VIII, 380.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1*10. When the face changes colour or the voice falters, or the features look suspicious, when they do not give evidence in public, when they make impossible statements as to place and time, when there exists a doubt as to their place of residence, *11, When they indulge in expense for bad purposes, when they have been previously convicted of larceny, when they keep bad company, or when documents speak against them, (by all such circum- g. ‘ Antithetically ’ (vinigrahe), or ‘when they have been arrested.’ 10, 1x. A somewhat analogous description of the signs by which a false witness may be found out, has been given previously: I, 193-196. 17. THEFT. 225 stances) they may be discovered (to be thieves), not by the possession of the stolen goods alone. *12, Whena ruffian or robber becomes suspected, and (the judge) has found out circumstantial evidence (which speaks against him), he shall be caused to make an oath. *13. 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, *14. Or who buy their goods, or receive (their goods), are held to be equally punishable as they, and so are those who conceal them. 15. Those who in a principality are the governors of that principality, and the neighbours called in (to watch over the safety of life and property) are (reckoned as) equal to thieves, when they stand neutral during the attack (of robbers). *16. 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 footmarks can be traced from that ground (into another man’s ground). *17, When the footmarks, after leaving that ground, are lost and cannot be traced any further, the neighbours, inspectors of the road, and governors of that region shall be made responsible for the loss. 12. The term lesa has been rendered by ‘ circumstantial evidence,’ because it seems to be synonymous with yuktilesa, I, 236. 13, 14. Manu IX, 271, 278. 15. Nearly identical with Manu IX, 272. 16. The term gofara, translated ‘ground,’ may denote the landed property or pasture ground of a whole village. See above, XIV, 22, 23. 17. See XIV, 24. 33] Q 226 NARADA. 18, 18. When a house has been plundered, the king shall cause the thief-catchers, the guards, and the inhabitants of that kingdom to make good the loss, when the thief is not caught. 19. Or, if he is a wicked man and there exists a doubt as to (whether) the robbery (was actually committed or not), the person (alleged to have been) robbed shall be caused to make an oath regarding the robbery, to clear himself (from suspicion). 20. When another person than the thief has been accused of robbery and has been declared thief, because he is unable to prove his innocence, he shall be paid twice as much (as has been stolen), after the (real) thief has been detected.
220. When another person than the thief has been accused of robbery and has been declared thief, because he is unable to prove his innocence, he shall be paid twice as much (as has been stolen), after the (real) thief has been detected. 21. When a man has obtained property stolen by a thief, he must restore it in its pristine shape ; if it be no longer in existence, he must make good its value, and must be made to paya fine to the same amount. *22. For stealing wood, cane, grass and the like, (utensils) made of clay, bamboo, utensils made of bamboo, rattan, bone, leather, *23. Vegetables, green roots, grass or flowers, cow-milk, molasses, salt, or oil, *24. Cooked food (and other) prepared food, spirituous liquor, flesh, and every sort of objects of small value—(for stealing any of these) a fine five times the value (of the article stolen should be paid). *25. (For stealing) any articles sold by weight or measure or tale, the fine shall be eight times their amount, in case they are very valuable. 19. The senseless reading of the MS., dapyaka tesham, has been conjecturally altered into doshakartaisha. 22-24. Manu VIII, 326-329. 25. Manu VIII, 321. 3I- THEFT. 227 26. Corporal punishment (or death) shall be inflicted on him whosteals more than ten Kumbhas of grain; where the amount is less, he shall be made to pay eleven times as much. Thus Manu has declared. *27, (For stealing) more than a hundred (Palas’ worth) of gold, silver, or other (precious metals), or the finest clothes, or very precious gems, corporal punishment (or death shall be inflicted). 28. He who steals a man shall have to pay the highest fine; he who steals a woman (shall be stripped) of his entire wealth; and he who steals a maiden (shall suffer) corporal punishment. *29. On him who forcibly seizes large domestic animals, the highest fine shall be inflicted; the middlemost amercement on him who takes cattle of middle size; and the smallest fine on him who steals small cattle. 30. The first (or lowest) fine to be inflicted on a guilty person shall amount to neither more nor less than twenty-four (Pazas). The middlemost fine shall consist of not more than four hundred, and not less than two hundred (Pamas). 31. The highest fine should be known to consist of not more than a thousand, and not less than five hundred (Pazas). This is the threefold gradation of punishment, which has been proposed by the Self- Existent for robberies. 26. Manu VIII, 320. 27,28. Manu VIII, 321, 323. 29. Manu VIII, 325. 30, 31. The reading of these two paragraphs is quite uncertain. The rules laid down here apparently differ considerably from the analogous rules of Manu (VIII, 158) and other legislators. Q 2 228 NARADA. 32. *32. (When the offence has been committed) for the first time, cut-purses shall have their (little) finger and thumb cut off. (When it has been committed) for the second time, the first fine shall be levied on them.
3Q 2 228 NARADA. 32. *32. (When the offence has been committed) for the first time, cut-purses shall have their (little) finger and thumb cut off. (When it has been committed) for the second time, the first fine shall be levied on them. *33. For (stealing) cows belonging to a Brahman, for piercing (the nostrils of) a barren cow, and for stealing a female slave, (the thief) shall in every case lose half his feet. 34. With whatever limb a thief acts among men, that very (limb) shall be taken from him, this is a law enacted by Manu. 35. Let him inflict a specially heavy punishment on a specially criminal thief, or (a lighter one) on one whose offence is less heavy. But let him not (punish an habitual thief) in the same way as for the first offence. 36. Manu, the son of the Self-Existent, has declared ten places of punishment, which should be (selected) in (punishing members of the) three (lower) castes ; a Brahman should remain uninjured always. 37. (Those places are) the privy parts, the belly, the tongue, the two hands, and, fifthly, the two feet ; as well as the eye, the nose, the two ears, the property, and the body. 32. Manu IX, 277. 33- The parallel passage of Manu (VIII, 325) shows that sthfrayas khedanam is the correct reading. For the three different explanations of this term, which have been proposed by the commentators of Many, see the note to Professor Buhler’s translation. The translation follows the interpretation proposed by Kullfka, Govindaraga, and Raghavananda, which appears to be preferable to the others. 34. Nearly identical with Manu VIII, 334. 36, 37. Nearly identical with Manu VIII, 124, 125. 44. PUNISHMENTS. 229 38. After carefully considering the (nature of the) offence, the place and time, and after examining the ability (of the offender), and the motive (by which he was actuated), he shall inflict these punishments. 39. Neither for the purpose of gaining a friend (in him), nor for the acquisition of large wealth, must a wicked criminal be suffered to go free by the king. Thus Manu has declared. 40. By pardoning an offender, a king commits the same offence as by punishing an innocent man. Religious merit accrues to him from punishing (the wicked). 41. Let him not on any account kill a Brahman, though convicted of all possible crimes. He may at pleasure cause him to be banished, thus has the law been settled. 42. Let the king take his entire wealth from him or leave him a fourth part of it (only he must not take his life), remembering the law promulgated by the Creator. This is just. 43. For four offences of a Brahman, branding him is ordained (as punishment) : for violating the bed of a Guru, for drinking spirituous liquor, for theft, and for hurting another Brahman. *44. For violating the bed of a Guru, (the brand of) a female part should be made; for drinking 38. Manu VIII, 126. 39. Manu VIII, 347. 40. Nearly identical with Manu IX, 249. 41. Manu VIII, 380.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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