ArrENDix to Account of Hindu Courts of Justice. 193 



§ 12. Punishment of iniquitous Judges. 



" Whether it be through passion, ignorance, or avarice, that a judge speaks other- 

 wise [than truth requires], he must be considered as no assessor of the court, and the 

 king should severely punish that sinful man.* 



" Fully considering the just decision of the cause, let a judge pronounce sentence 

 accordingly ; a different opinion must not be given. He who does deliver an unjust 

 sentence, incurs a penalty of twice the amount. 



" Wliether it be through affection, ignorance, or avarice, that a judge gives an 

 opinion contrary to justice, he is declared by the law to be deserving of punishment.f 



" Judges who act contrary to law and usage, through fear, avarice, or partiality, 

 shall be severally fined twice the amount of the suit.J 



" Judges who give opinions inconsistent with law and equity ; those who accept 

 bribes ; and men who defraud such as have trusted them ; should all be invariably 

 banished.^ 



" Of false witnesses the whole property should be confiscated, and of corrupt judges. || 



" Those who accept bribes, let the king banish, having stript them of their wealth.lf 



" An iniquitous judge, a perjured witness, and the slayer of a priest, are considered 

 equal criminals.** 



" A chief judge, corruptly deciding a cause according to his own perverse will, 

 though conscious that the opinion of the assessors is right, shall also incur punishment.ff 



" Whatever loss is sustained through the fault of a judge, must be fully made good 

 b}' him; but the king should not reverse the judgment which has been so passed 

 between the litigant parties, [or as differently read and interpreted, the king should 

 investigate anew the cause which has been so decided].^ 



" If the chief judge converse in secret with one of the parties in an undecided suit, 

 he shall doubtless be liable to punishment; and so shall a member of the judicial assem- 

 bly, who is guilty of the same collusion. ^§ 



" A judge who gives an opinion contrary to justice, through the influence of affec- 

 tion or avarice, or through fear, should be fined in twice the amount of the penalty 

 which is incident to the loss of the causc.§5 



" The assessors before-mentioned, acting contrary to law, or inconsistently with the 

 sacred code, or contrary to usage (as implied by the conjunctive particle), being over- 

 come by ungovernable passion, through excess of affection, inordinate covetousness, or 

 overpowering terror, shall be amerced respectively in twice the penalty which would 

 be incurred by the party that is cast : not twice the value of the thing which was the 

 subject of the law-suit : else it might be supposed that no fine would be incurred in the 

 case of a trial for adultery or other matter [not pecuniary]. Partiality, avarice, and 



• Nureda, I. (!0. t Catyayana, cited in Sm. Chand. Calp. and Madh. 



X Yujnyawalcya, 0. 4. J Vr'haspali, cited in Sm. Chand, &c. || Vishn'u, 5. 179. 180. 



5 Yiijnj/awnlct/a, l..*J40. ** VrJif/.spati, cited in Vyav. Chint. 



f f Cdtyayana, cite.l in the Ciilp, &c. %% f'yv. Chinl. §§ Dev, lili. in .S'm. L'hand. 



Vol. II. . 2 C 



