and crimes of her husband shall she bear as if she too
committed them. Likewise if she be dwelling with her
husband, all crimes of his shall she bear as well....I.40. If the wives of a man, or the daughters of a man
go out into the street, their heads are to be veiled. Th e
prostitute is not to be veiled. Maidservants are not to
veil themselves. Veiled harlots and maidservants shall
have their garments seized and 50 blows infl icted on
them and bitumen poured on their heads....
I.47. If a man or a woman practice sorcery, and they be
caught with it in their hands, they shall prosecute them,
they shall convict them. Th e practicer of magic they
shall put to death.I.50. If a man strike the wife of a man, in her fi rst stage
of pregnancy, and cause her to drop that which is in her,
it is a crime; two talents of lead he shall pay.I.51. If a man strike a harlot and cause her to drop that
which is in her, blows for blows they shall lay upon him;
he shall make restitution for a life.I.52. If a woman of her own accord drop that which
is in her, they shall prosecute her, they shall convict
her, they shall crucify her, they shall not bury her. If
she die from dropping that which is in her, they shall
crucify her, they shall not bury her.I.55. If a virgin of her own accord give herself to a
man, the man shall take oath, against his wife they
shall not draw nigh. Th reefold the price of a virgin
the ravisher shall pay. Th e father shall do with his
daughter what he pleases.I.57. In the case of every crime for which there is the
penalty of the cutting off of ear or nose or ruining
or reputation or condition, as it is written it shall be
carried out.I.58. Unless it is forbidden in the tablets, a man may
strike his wife, pull her hair, her ear he may bruise or
pierce. He commits no misdeed thereby...From: Internet History Sourcebooks.
Available online.
URL: http://www.fordham.edu/halsall/.(cont inues)BOOK IV, CHAPTER 11, DEATH WITH OR
WITHOUT TORTURE
When a man murders another in a quarrel, he shall be
tortured to death.... When a man hurts another with
a weapon, he shall pay the highest amercement; when
he does so under intoxication, his hand shall be cut off ;
and when he causes instantaneous death, he shall be put
to death. When a person causes abortion in pregnancy
by striking, or medicine, or by annoyance, the highest,
middlemost, and fi rst amercements shall be imposed
retrospectively. Th ose who cause violent death either to
men or women, or those who are in the habit of often
going to meet prostitutes, those who infl ict unjust
punishment upon others, those who spread false or
contemptuous rumors, who assault or obstruct travelers
on their way, who commit house-breaking, or who steal
or cause hurt to royal elephants, horses, or carriages shall
be hanged. Whoever burns or carries away the corpses of
the above off enders shall meet with similar punishment.When a person supplies murderers or thieves with
food, dress, any requisites, fi re, information, any plan,or assistance in any way, he shall be punished with
the highest amercement. Sons or wives of murderers
or thieves shall, if they are found not in concert, be
acquitted; but they shall be seized if found to have been
in concert.
Any person who aims at the kingdom, who forces
entrance into the king’s harem, who instigates wild
tribes or enemies against the king, or who creates
disaff ection in forts, country parts, or in the army,
shall be burnt alive from head to foot. If a Brahman
does similar acts, he shall be drowned. Any person
who murders his father, mother, son, brother, teacher,
or an ascetic shall be put to death by burning both his
head and skin; if he insults any of the above persons,
his tongue shall be cut off ; if he bites any limb of these
persons, he shall be deprived of the corresponding limb.
When a man wantonly murders another, or steals a
herd of cattle, he shall be beheaded.... When a person
breaks the dam of a tank full of water, he shall be
drowned in the very tank.... Any man who poisons
another and any woman who murders a man shallKautilya: Th e Arthashastra , excerpt, ca. 250 b.c.e.
Asia and the Pacifi c306 crime and punishment: primary source documents