________________
Shri Mahavir Jain Aradhana Kendra
www.kobatirth.org
Acharya Shri Kailassagarsuri Gyanmandir
xviii
INTRODUCTION
creased twice or thrice, if the offence is committed in relation to women or persons of superior status than that of the offenders. He who throws dust or clay towards another is to be fined ten copper coins. He who throws tears, phlegm, sputum, or similar other excretory matter should be fined twenty copper coins. He who throws stools, wine, or seminal fluid in the lower part of the body of another person should be fined forty copper coins. The fine is doubled, if those things are thrown over the head. He who causes the flow of blood from other's person by piercing against the skin is to be fined a hundred copper coins ; but the punishment for piercing against the flesh, thus causing a grievous hurt, is six dīnāras (gold coins). The punishment for causing fracture of bones is banishment, and that for assaulting the king is torturing on a stake and then burning to death.
Rudeness of Speech or Defamation The Chapter on Rudeness of Speech is highly argumentative and treats of three distinct types of speech, viz., cruel ( fagt ), obscene ( 341917), and severe ( ata ).
“ Fie to thee, low-born, fool” is an instance of cruel speech. “You cohabit with your sister" is an instance of obscene speech. "Thou art a drunkard” is an instance of severe speech. Cruel speech, again, can be of three kinds, inasmuch as it affects the country, the caste, or the family of the person spoken against. “Persons of the country of Gauda are quarrelsomo," "The Brahmins are highly avaricious," "The Vaišvänaras are of cruel habits” are respective instances of the above three kinds.
If altercation engues between a Brahmin and a Kşatriya, in course of which rude speech is uttered by either or both parties, the Brahmin is to be fined 4 Atex and the Kşatriya AYEĦ. If the parties are a Vajśya and a Sûdra, similar punishment follows.
Such rudeness of speech is, according to modern law, "Slander” which is actionable, only when it causes material injury to the person affected. Printing being unknown, publication of defamatory matter was well-nigh impossible in mediæval and ancient times, and in this elaborate Penal Code, no mention of “Libel” is to be found anywhere. Just
For Private And Personal Use Only
