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245
XII, 52.
44. Whether he be slain or be pardoned, he is purified (of his guilt).
45. If the king does not strike, the guilt falls on him.
CRIMINAL AND CIVIL LAW.
46. Corporal punishment (must) not (be resorted to in the case) of a Brahmana.
47. Preventing (a repetition of) the deed, publicly proclaiming his crime, banishment, and branding (are the punishments to which a Brâhmana may be subjected).
48. That (king) who does not do his duty (by inflicting punishment) becomes liable to perform a penance.
49. (A man who) knowingly (becomes) the servant (of a thief shall be treated) like a thief,
50. Likewise he who (knowingly) receives (goods) from (a thief or) an unrighteous man.
51. The award of the punishment (must be regulated) by a consideration (of the status) of the criminal, of his (bodily) strength, of (the nature of) the crime, and whether the offence has been repeated.
52. Or a pardon (may be given) in accordance with the opinion of an assemblage of persons learned in the Veda's.
45. Apastamba I, 9, 25, 5.
46. Manu VIII, 124 Macnaghten, Mitâksharâ III, 4, 9. 47. Manu IX, 239, 241; Apastamba II, 10, 27, 8, 17-19; Macnaghten loc. cit. Karmaviyoga, 'preventing (a repetition of) the deed,' may also mean 'suspension from (his priestly) functions.' 48. Âpastamba II, 11, 28, 13.
49-50. Manu IX, 278; Yâgñavalkya II, 276.
51. Manu VII, 16; VIII, 126; Yâgňavalkya I, 367.
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