Chapter 20 - Gambling and Betting and Miscellaneous Offences

[Sanskrit text for this chapter is available]

With a view to find out spies or thieves, the superintendent of gambling shah, under the penalty of a fine of 12 paṇas if played elsewhere, centralise gambling.^[1]

My preceptor is of opinion that in complaints regarding gambling, the winner shall be punished with the first amercement and the vanquished with the middlemost amercement; for though not skilful enough to win, as ardently desired by him, the vanquished fellow does not tolerate his defeat.

But Kauṭilya objects to it: for if the punishment for the vanquished were to be doubled, none would complain to the king. Yet gamblers are naturally false players.

The superintendents of gambling shall, therefore, be honest and supply dice at the rate of a kākaṇi of hire per pair. Substitution by tricks of hand of dice other than thus supplied shall be punished with a fine of 12 paṇas. A false player shall not only be punished with the first amercement and fines leviable for theft and deceit, but also be made to forfeit the stakes he has won.

The superintendent shall take not only 5 per cent of the stakes won by every winner, and the hire payable for supplying dice and other accessories of dice play, but also the fee chargeable for supplying water and accommodation, besides the charge for license.

He can at the same time carry on the transactions of sale or mortgage of things. If he does not forbid tricks of hand and other deceitful practices, he shall be punished with twice the amount of the fine (levied from the deceitful gamblers).

The same rules shall apply to betting and challenging, except those in learning and art.^[2]

(Miscellaneous Offences)

As regards miscellaneous offences:

When a person does not return in required place or time the property he has borrowed or hired, or placed in his custody as a deposit, sits under the shade for more than one and a quarter of an hour (a yāma) as prescribed, evades under the excuse of being a Brāhman the payment due while passing military stations or crossing rivers, and bawls out or invites others to fight against his neighbours, he shall be punished with a fine of 12 paṇas.

When a person does not hand over the property entrusted to him for delivery to a third person, drags with his hand the wife of his brother, has connection with a public woman kept by another, sells merchandise that is under ill repute, breaks open the sealed door of a house, or causes hurt to any of the forty-house-holders or neighbours, a fine of 48 paṇas shall be imposed.^[3]

When a person misappropriates the revenue he collects as the agent of a household, violates by force the chastity of a widow of independent living, when an outcaste (Caṇḍāla) person touches an Ārya woman, when a person does not run to render help to another in danger, or runs without a cause, and when a person entertains, in dinner dedicated to gods or ancestors, Buddhists (śākya),^[4] Ājīvakas, Śūdras and exiled persons (pravrajita), a fine of 100 paṇas shall be imposed.

When an unauthorised person examines (an offender) on oath, executes government work though not a government servant, renders minor quadrupeds impotent, or causes abortion to a female slave by medicine, he shall be punished with the first amercement.^[5]

When between father and son, husband and wife, brother and sister, maternal uncle and nephew or teacher and student, one abandons the other while neither of them is an apostate; and when a person abandons in the centre of a village another person whom he brought there for his own help, the first amercement shall be levied.

When a person abandons his companion in the midst of a forest, he shall be punished with the middlemost amercement.

When a person threatens and abandons his companion in the midst of a forest, he shall be punished with the highest amercement.

Whenever persons who have started together on some journey abandon one another as above, half of the above fine shall be levied.

When a person keeps or causes to keep another person in illegal confinement, releases a prisoner from prison, keeps, or causes another to keep, a minor in confinement, he shall be punished with a fine of 1,000 paṇas.^[6]

The rates of fines shall vary in accordance with the rank of persons concerned and the gravity of the crimes.

Such persons as a pilgrim, an ascetic engaged in penance, a diseased person, any one suffering from hunger, thirst, or fatigue from journey, a villager from country parts, any one that has suffered much from punishment and a moneyless pauper shall be shown mercy.

Such transactions as pertain to gods, Brāhmans, ascetics, women, minors, aged persons, diseased persons and helpless creatures shall, though not be complained of, be settled by the judges themselves; and in such transactions as the above, excuses due to time, place, or possession shall not be pleaded.

Such persons as are noted for their learning, intelligence, bravery, high birth, or magnificent works shall be honoured.

* Judges shall thus settle disputes free from all kinds of circumvention, with mind unchanged in all moods or circumstances, pleasing and affable to all.

[Thus ends Chapter XX, “Gambling, Betting, and Miscellaneous,” in Book III, “Concerning Law” of the Arthaśāstra of Kauṭilya. End of the seventy-seventh chapter from the beginning.

With this ends the Third Book, “Concerning Law” of the Arthaśāstra of Kauṭilya.]

Footnotes and references:

[1]:

Y. 2, 203.

[2]:

Y. 2, 199, 202.

[3]:

N. 18, 1; M.,8, 407; Y. 2, 232, 234.

[4]:

The Munich Manuscript reads, “Sakyājīvakādīn,” meaning “The Buddhists and Ājīvakas.”

[5]:

Y. 2, 233, 237.

[6]:

Y. 2,240, 257, 290.