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108
STUDIES IN THE BHAGAWATI SŪTRA
[Ch. III
Bhs does not mention any civil or criminal cases which came up before the court, nor does it show causes of imprisonment of culprits. So one should turn his attention to other sources which may throw light upon this subject.
The idea on the relativity of crime and punishment as embodied in the text is fully revealed in some Jaina texts which provide a list of various types of civil and criminal cases giving rise to law-suits, such as theft, robbery, murder, adultery, cheating, case over an umbrella of a Mahārāstrian taken away by a man of Läļa, dispute between & Brāhmana and a Candala, karakandu by name over a bamboo-staff grown in his cemetry,8 clairn over an ascetic boy named Vaira by his mother and some Jaina monks respectively,' seduction of Jaina monks by prostitutes, false testimony (kūdasaklha) and falsification of documents (kūdalehakarana).
I Dasā Cūrni, p. 58; Vasu-p. 55 ; See also Âvasyaka Cūrni.
p. 119. A simple villager was cheated of his bullock cart together with his corn and patridge cage (Sagada-tittiri) by some perfumers who took forcible possession of those articles on purchase for one Kāršāpapa by using ambiguous words in the bargain which meant the cart as well as patridge. The villager went to the court but unfortunately lost the case. But he finally succeeded in recovering his bullock cart by kidnap. ping the mother of those purfumers under the pretext of selling *sattu' according to his strategem. He released that woman
only on the return of his bullock cart by those perfumers. · Vyavahāra Bhasya, 3, 345 f., p. 69. 8 Uttaradhyayana T'ikā, 9, p. 134.
Avasyaka Curne, p. 391 f. (A child of six months old named Vaira was taken by the Jaina monks for ordination. After few years the mother of that ascetic boy lodged a complaint with the court against those Jaina monks amongst whom one was the father of the boy. Unfortunately she lost her case, because the ascetic boy did not respond to the call of his mother who tried to tempt him with toys, but he immediately went to the side of the monks at the call of his ascetic
father with a rajoharana). 6. Brhatkalpa Bhäsya, 4, 4923-25. Refer also to Uttarā. Su, 3,
p. 72 a. (A complaint of seduction of Jaina monks by prostitutes was made by Jaina monks against prostitutes). Uvā sagadasão, p. 10; also notes, p. 215; Avasyaka. See (Hari), p 820. Vide Life in Ancient India by Dr. J.C. Jain, p. 64-66 for all these references.
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