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Shri Mahavir Jain Aradhana Kendra
www.kobatirth.org
Acharya Shri Kailassagarsuri Gyanmandir
xvi
INTRODUCTION
Human Body and are therefore cognate in character. The only difference is that rape and similar offences originate from lust, while those described in the Chapter on “Assault" originate from anger, pride, and jealousy.
A woman can be kidnapped in three ways, viz., by means of force, fraud, and as a sequel to mutual love. If a woman, who has been warned by her relations not to converse with other males, does so converse, she is to be fined a hundred copper coins. A man who has been similarly warned but who transgresses that warning, is to be fined two hundred copper coins. The above punishment applies to a single commission of the offence and to poor culprits. Repetition of the offence or resourcefulness of the culprit aggravates the punishment, which then becomes the fine of a gold coin. If a woman approaches of her own accord a man other than her husband in the house of the latter, the man will not be held liable for kidnapping.
Brahmins, found guilty of rape, are to be banished from the territory, after imprinting characteristic figures on their person. Members of other castes are to be killed, if they commit rape upon women of a higher caste than their own. But if they commit similar offence upon women of their own and lower castes, then they should be fined a thousand copper coins, or in default, mutilation of hands would follow. The punishment for incestuous intercourse is mutilation of the penis, followed by other penalties. Persons, guilty of carnal intercourse with women in their mouths, are to be fined forty copper coins ; of intercourse with female animals in their vagina, a hundred copper coins; and of intercourse with a cow, a gold coin.
Assault The Chapter deals with assault and offences which proceed from taking the law in one's own hands. Every assault is an action involving three well-defined stages, viz., beginning, end, and consequences. It can be perpetrated with hands, stone, cudgel, ashes, clay, dust, and weapons of destruction. If an assault or similar offence is committed for saving one's own life which cannot be saved otherwise, no punishment follows. This immunity from punishment proceeds from a
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