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366
BRIHASPATI.
XXIII, 8.
secret, is considered an adulterous act of the second degree.
8. Sitting on the same bed, dallying, and kissing or embracing each other, is defined as an adulterous act of the highest degree by persons acquainted with law.
9. For these three gradations of adultery, the first, middling, and highest fines shall be inflicted respectively; the fine shall be even higher than that, in the case of a very rich man.
10. (The king) shall confiscate the whole wealth of him who violates an unwilling woman, and having caused his penis and scrotum to be cut off, shall cause him to be paraded on an ass.
11. When a man enjoys a woman by fraud, his punishment shall be confiscation of his entire wealth, and he shall afterwards be branded with the mark of a female part and banished from the town.
12. The highest fine (shall be inflicted for connexion) with a woman of equal caste; half of that (for connexion) with a woman of inferior caste; but a man who has connexion with a woman of higher caste than his own, shall be put to death.
13. When a woman has been enjoyed against her
9. Ratn. p. 384; Vîram. p. 506; Viv. p. 202; May. p. 149. The Mayakha as printed reads this text differently, but one MS. of it agrees with the other compilations.
10. Ratn. p. 388; Viv. p. 212; May. p. 148.
11, 12. Ratn. p. 389; Viv. p. 213; May. p. 149. The reading of the Mayukha seems to be wrong. This rule (12) is declared to apply to those cases where force or deception has not been used. Ratn., Viv.
II. Vîram. p. 506.
13, 14. Ratn. p. 400. For the Krikkhra (Prágâpatya) and Parâka penances, see Manu XI, 212, 216.
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