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The title of law, known as 惫腻办辫腻谤耻峁�y补, discussed in eight verses by 驰腻箩帽补惫补濒办测补, governs the law relating to the dispute for using abusive words or to the defamation of a person. According to him, one becomes punishable with a fine of half of thirteen 辫补峁嘺蝉 for committing the offence of 惫腻办辫腻谤耻峁�y补, if he irrespective of the fact true, false or ironically maligns or defames another as having a defective limb or organ or suffering from a disease.^[1] The king has to punish one with a fine of twenty-five 辫补峁嘺蝉, who is found guilty of abusing another with the words that he has known that person鈥檚 mother or sister.^[2] In case of abuse of an inferior person, penalty to be undergone is half of the original fine. One has to pay double the fine for abusing or vilifying other鈥檚 wives and also for abusing one relatively superior.^[3] Commenting on these provisions, the 惭颈迟腻办峁�a谤腻 is of the opinion that inferior or superior refers to mode of living and such other qualities like learning, conduct, etc.^[4] The author lays down punishment, which varies according to the 惫补谤峁嘺 and 箩腻迟颈 of the abuser and the person abused.^[5]

驰腻箩帽补惫补濒办测补 provides that when a person of an inferior caste insults verbally or abuses one, belonging to superior order, then the fine to be imposed are twofold or threefold respectively. In reverse case, i.e., a person of superior caste when uses abusive language towards a person of inferior order the penalty should be reduced in the ratio of a half respectively.^[6] If person uses offensive words indicating to cause any harm or injury to one鈥檚 arm, neck, eye or thigh, a fine of hundred 辫补峁嘺蝉 is recommended by the author. On the contrary, in case of the same offence, pertaining to limbs, such as, hands or feet, ears, nose, etc., half of that, i.e., fifty 辫补峁嘺蝉 may be imposed.^[7] Moreover, in this context, 驰腻箩帽补惫补濒办测补 has proclaimed a very prudent rule considering the strength of the abuser. The fine to be paid in that offence becomes only ten 辫补峁嘺蝉 when the person committing the offence is feeble, i.e., devoid of strength. Likewise, in case of a person capable of abusing in that way has to furnish security for ensuring protection of the person so abused.^[8] While bringing this difference, the author is very much correct as uttering of such offensive words by a person, capable of strength, causes more fear in the mind of that person so abused.

驰腻箩帽补惫补濒办测补 while laying down punishment for various kinds of abuse also considers the consequences that may follow from the abused. Therefore, he ordains fine of middle amercement when the defamatory words used against a person likely to cause his degradation from caste or society. The fine of lowest amercement is prescribed, if one is defamed by imputing the commission of secondary sin. ^[9] The highest form of pecuniary punishment is authorised for an offence of abuse and defamation committed towards a Br膩hma峁嚹�, learned in three Vedas, the king and a deity. The second type of pecuniary punishment is ordained for defaming or abusing a caste and association of public bodies and lowest for vilifying a village or country.^[10] Here in this rule, it may be noticed that the offence of abuse or defamation is not confined to individual only, imputation may concern class of individuals such as relating to caste, public bodies, village, country, etc.

The corresponding laws to the 惫腻办辫腻谤耻峁�y补 of the 驰腻箩帽补惫补濒办测补sm峁泃i now are found under Section 499 and 500 of the Indian Penal Code, which is known as the law of defamation. Accordingly, at present, imputation concerning any person intending to harm with knowledge or having reason to believe that such imputation harms the reputation of that person, except in certain cases, is called to defame that person. It is considered as criminal offence punishable under Section 500 with simple imprisonment for a term that may extend up to two years, or with fine or with both.^[11] It is interesting that the present law also considers that defamation may concern a company, association or a collection of persons as such like that of the 驰腻箩帽补惫补濒办测补sm峁泃i. Another remedy is available for defamation under law of torts.^[12]

Footnotes and references:

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[1]:

蝉补迟测腻蝉迟测腻苍测补迟丑腻蝉迟辞迟谤补颈谤苍测奴苍腻峁単别苍诲谤颈测补谤辞驳颈峁嚹乵/ 办峁�e辫补峁� karoti dedda峁囜笉ya岣� pra峁嚹乶ardhatrayoda艣膩n// 驰腻箩帽补惫补濒办测补sm峁泃i,2.204

[2]:

Ibid.,2.205

[3]:

ardho鈥檇hame峁�u dvigu峁嘺岣� parastr墨峁Ｅ玹tame峁�u ca/ Ibid.,2.206

[4]:

adhame峁�v膩k峁�eptr膩pek峁�ay膩 ny奴nav峁泃t膩digu峁噀峁�vardho 诲补峁囜笉补岣�/鈥�tathottame峁�u ca sv膩pek峁�ay膩dhika艣rutab峁泃te峁�u 诲补峁囜笉补岣� pa帽ca艣atpa峁嚹乼maka eva/ 惭颈迟腻办峁�a谤腻, Ibid.

[5]:

da峁囜笉apra峁嘺yanam k膩ryam 惫补谤峁嘺j膩tyuttar膩dharai岣�// 驰腻箩帽补惫补濒办测补sm峁泃i,2.206

[6]:

pratilomy膩pav膩de峁�u dvigu峁嘺trigu峁嚹� 诲补尘补岣�/ var峁嚹乶膩m膩nulomyena tasm膩dardh膩rdhah膩nita岣�// Ibid.,2.207

[7]:

b膩hugr墨v膩netrasakthivin膩艣e v膩cike 诲补尘补岣�/ 艣atyastadardhika岣� p膩dan膩s膩kar峁嘺kar膩di峁�u// Ibid.,2.208

[8]:

Ibid.,2.209

[9]:

Ibid.,2.210

[10]:

迟谤补颈惫颈诲测补苍峁沺补诲别惫腻苍腻峁� 办峁�e辫补 uttamas膩hasa岣�/ madhyamo 箩腻迟颈p奴g膩n膩峁� prathamo gr膩made艣ayo岣�// Ibid.,2.211

[11]:

Misra, S.N., Indian Penal Code, pages 852-865

[12]:

Bangia, R.K., Law of Torts, page183-219