Verse 8.290

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

यानस्य चैव यातुश्च यानस्वामिन एव च ।
दशातिवर्तनान्याहुः शेषे दण्डो विधीयते ॥ २९० ॥

yānasya caiva yātuśca yānasvāmina eva ca |
daśātivartanānyāhuḥ śeṣe daṇḍo vidhīyate || 290 ||

In the case of the conveyance, its rider and its owner, they lay down ten exclusions; for the rest penalties are prescribed.—(290)

 

Medhātithi’s commentary (manubhāṣya):

The present text proceeds to show that in some oases, even though some damage may be done, it is not regarded as an offence.

‘Conveyance’—the cart and so forth, riding on which people go on a journey. These carts are drawn by bullocks, mules, buffaloes and such animals. These same animals also, when ridden upon, may be taken as meant by the term ‘Conveyance.’

‘Rider’—the driver and other persons riding in the cart.

‘Owner of the conveyance,’—the person to whom the conveyance belongs.

By the force of the running wheels of these carts, or by that of the horse or other animals pulling the cart on the

road, some damage or death may be caused; and all such cases would come under the law relating to ‘owner and keeper’ laid down in verse 229 et seq. But in all these, the fault lies sometimes with the rider, sometimes with the owner, sometimes with both, sometimes with no one; and these details not having been dealt with on the previous occasion, they are taken up now.

‘Exclusions’—i.e., cases where there is no punishment for the injury; and which therefore are not regarded as offences to be penalised.

‘For the rest’;—i.e., for cases other than those just, enumerated, penalties are prescribed; and these are now going to be described.—(290)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 280), which adds the following notes:—‘Yāna’, the chariot and the rest,—‘yantṛ’, the charioteer,—‘ativartanāni’, ‘lying beyond punishment’, i.e., not to be punished;—and in Vyavahāra-Bālambhaṭṭī (p. 1040).

 

Comparative notes by various authors

(verses 8.290-294)

Yājñavalkya (297-299).—‘In the cases of injury caused through quadrupeds, or through wood and bricks, or through stones, beasts of burden or conveyances, there is no offence, if the man operating calls out—Move out of the way;—nor does any offence attach to the owner of the conveyance, if the injury caused by it has been due, either to the snapping of the nose-string, or to the breaking of the yoke, or to the cart moving backwards. In the case of tusked and horned animals committing havoc, if the owner, though able to do so, does not check them, he should be made to pay the first amercement; and double of this when the man about to be injured has cried for help.’