JUSTICE IN NEPAL. X29 



11th. 12th. and 13th. — Theft, rohhery, and seduction. — If any one by 

 violence take the property or land or wife of another, such an one is 

 punished with heavy fines.* 



14th. Murder, — If any, from avarice, kill a man of wealth (Sahu), he 

 is executed, and his property confiscated, and his wife and children made 

 over in slavery to the stranger. 



15th. Sacrilege. — Whoso destroys the religious works of another, as a 

 Dharma-sdla, or well, &c., founded for the good of his soul, such an one is 

 severely punished and fined, according to the damage done : sometimes his 

 whole property is confiscated. 



16th. Agamya-gavan or Incest. "f" — Whoso has sexual commerce with his 

 Gurus wife or mother, or his father's lesser wife, or his son's wife, his pro- 

 perty is confiscated and death is inflicted on him. 



Whoso has sexual commerce with his daughter or with his daughter- 

 in-law, he is, first of all, heavily fined or all his property is confiscated : 

 then the male sinner is committed to the Poryas, conducted throughout the 

 city, and expelled with his penis cut off" : and the female has her nose and 

 ears and pudendum cut off*, and is then expelled the city ; or else, she is 

 given to be stuprated by fifty or one hundred or more men and then expelled. 

 Incest with an elder brother's wife in his life-time is punished with very 



* The Hindu prejudice (ia this case salutary) disinclines most of my informants to admit 

 the fact that theft is ever punished with death. The ordinary punishment is certainly mutila- 

 tion, repeated on a repetition of the offence. But it is certain that aggravated cases of theft and 

 robbery (between which there is no technical distinction made) are often punished with death, 

 and this indeed is expressly admitted in the preceding part of this paper. The description of 

 theft in this place is strange enough, as is that of murder in the next paragraph. The just 

 inference from such descriptions of these crimes is, that among these mountaineers, who are 

 for the most part of fierce disposition and habits, the law has been obliged to exempt too many 

 violent takings both of property and life from the ordinary definition and penalty of robbery 

 and murder H. 



f One branch of this subject is treated at length in a paper published by Mr. Hodgson in 

 the Journal of the Royal Asiatic Society of Great Britain and Ireland, No. I, page 45, entitled 

 " On. the law and legal -practise of Nepal as regards familiar intercourse between a Hindu and 

 an outcast." Sec. 



2 I 



