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punishments.For killing a dog or a pig the fine recommended is two masas. For eating what is prohibited the Brahmana is to be given the First Amercement (uttamasahas) Ksattriya the middle one, Vaisya the lowest one, the Sudra one half of that. The mutilation of the tongue is recommended for those who absue the king or speak against him, or are rebellious against him, or violate the secrecy of royal counsel or embezzle public funds. For these faults the clerk writing commands the king to punish more severely. If one embezzles from a trust he should be fined eight times. If a Sudra lives as a Brahmana he should be fined eight hundred drammas.
On mutilation the general principle is that should be inflicted on the limb which has been specially used in the transgression. Wealth is treated as a limb in this context. If one lacks wealth to pay fines, one may be imprisoned and made to do work. The highest punishments are seizing all the property, death,banishement, mutilation and impressing with a mark.
A man was held to have the right to injure or kill an atayin or a dangerous assailant. This category includes not only robbers, armed desperadoes, arsonists, poisoners, those seeking to ravish ones wife or forcibly take possesions of one's fields, but also those who seek to kill old men, learned man, children, Brahmanas, pregnant women, teachers, parents, ascetics and cows. One could thus take up arms justly not only in the defence of one's own life, honour and property but also in the defence of certain public values.
Hemacandra's account of dandaniti shows originality as well as liberality. He admits the historical changeability of penal laws. Death penalty, especially death by diverse trotures (citra - vadha), was a common punishment in the ancient codes. Hemacandra seeks to reduce the scope of the extreme penalty and discards death by torture altogether. He supports the tendency to substitude physical punishments by fines, which is a mark of developed civilization. He shows special consideration for women and the religiux. The factor of caste does not vitiate the penal system recommended into any blatant injustice. Violence, theft, misappropriation and sedition are treated as the principal crimes. A definite effort is made to ban the slaughter of animals and dishonest business.
Vyavahara niti reiates to the decision of legal claims made by the people. Vyavahara or litigation is defined as the dispute between parties putting forward contradictory claims on the same matter and seeking to prove their claims by marshalling evidence. Vyavahara may be religious or secular. The state is only concerned with secular disputes rajakarmani laukikasyaivadhikarah.'
"Iha
Further, vyavahara may arise from suspicion on the basis of the
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