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Shri Mahavir Jain Aradhana Kendra
www.kobatirth.org
Acharya Shri Kailassagarsuri Gyanmandir
INTRODUCTION
XV
māna has classified "stealers of movable property” under three heads:
(1) Robbers (TFN) (2) Cheats (IFTTET)
(3) Thieves (1991ydent)
The punishment of the above three classes of stealers is reimbursement of the wronged party, proclamation of the guilt of the wrong-doer, and the infliction of the proper penalty, pecuniary or corporeal, in accordance with the circumstances of the case.
Hungry travellers of the twice-born classes, taking the following articles without their owners' permission, are not guilty of theft and also do not hold themselves liable for compensation, viz., two pieces of sugarcane, two radishes, a handful of pea, rice, wheat, and so forth. The above immunity is analogous to that provided in section 95 of the Indian Penal Code.?
Rape and Similar Offences The Chapter on Rape is very comprehensive and includes rape, adultery, incestuous intercourse, unnatural offences, etc. The subject is first divided into intercourse with married women and that with unmarried women. Married women are again subdivided into chaste and unchaste ones, relation and stranger, and so forth. Unmarried women are considered under three heads, viz., virgin, outcaste, and prostitute.
A considerable number of pages is devoted to the punishment of defiling virgins, which is of two kinds, viz., sexual intercourse and thrusting fingers into the vagina. Unnatural offences have been divided into two classes, viz., carnal intercourse with women against the order of nature and intercourse with lower animals.
The offences described above, together with those dealt with under the heading “Assault", are offences against
i festis atteftaffan
अाददानः परक्षेत्वान्न दण्डं दातुमर्हति ॥
2 The above sloka of Manu, though quoted in the Chapter ufafa GUEĦEpal, really belongs to theft, and so we have discussed it here.
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