*Ain*—irrespective of whether she is married or unmarried—his property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed, his head shall be shaved, he shall be fed prohibited food, but not human excrement, he shall be degraded from his caste and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. He shall not be granted expiation. Even if someone by mistake grants him expiation, the expiation certificate shall be nullified and he shall be deprived of his right to consume cooked rice [with his fellow caste members]. Such persons shall belong to a Non-enslavable Śūdra caste. Water may be accepted from his hands. He shall be granted expiation with respect to water only.

 9. Among the maternal relatives, if someone belonging to a Rajapūta caste commits incest with his grandmother, born of the same great-grandfather as the grandmother who gave birth to his mother, or with his maternal aunt born to the same womb (*āta*) that bore his mother, or with his maternal uncle's wife whose husband bears the right to kill his wife's paramour—irrespective of whether or not she has been accepted to consume cooked rice [with her fellow caste members]—, his property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed, his head shall be shaved, he shall be fed prohibited food, but not human excrement, he shall be degraded from his caste, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. He shall not be granted expiation. Even if someone by mistake grants him expiation, the expiation certificate shall be nullified and he shall be deprived of his right to consume cooked rice [with his fellow caste members]. Such a person shall become [a member of] a Non-enslavable Śūdra caste. Water shall be accepted from his hands. He shall be granted expiation with respect to water only.

 10.  If he lets [his wife's paramour] off, or if she is unmarried or widowed, [the culprit's] share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed, he shall be degraded from his caste, and he shall be exiled from the village or city where he lives. Cooked rice from his hands shall not be accepted. Water may be accepted from his hands and he shall be granted expiation with respect to water only. Such [a culprit] shall become [a member of] a Non-enslavable Śūdra caste.

 11.  If she is unmarried or widowed and is above the age of 11, he shall not be held accountable.

 12. Among the bridal family, if someone belonging to a Rajapūta caste commits incest with his mother-in-law who gave birth to his wife, with his married step-mother-in-law brought [into the household] by his father-in-law, the latter bearing the right to kill his wife's paramour according to the *Ain*, with his grandmother-in-law who gave birth to his father- or mother-in-law—irrespective of whether she is married or widowed and whether or not she has been accepted to consume cooked rice [with her fellow caste members]—, his share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed. His head shall be shaved, he shall be fed prohibited food, but not human excrement, he shall be degraded from his caste, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. If someone by mistake grants him expiation, the expiation certificate shall be nullified and he shall be deprived of the right to consume cooked rice [with his fellow caste members]. Such a person shall belong to a Non-enslavable Śūdra caste. Cooked rice from the hands of such a person shall not be accepted. He shall be granted expiation with respect to water only.

 13.  If she is married or unmarried, [the man] does not commit a *rājakhata*.

 14. If someone belonging to a Rajapūta caste commits incest with his female guru who gave himself or his wife the initiatory mantra, and whose husband bears the right to kill his wife's paramour according to the *Ain*, or with the wife of the guru who bears the right to kill his wife's paramour according to the *Ain* and who gave him the mantra, his share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed, his head shall be shaved, he shall be fed prohibited food, but not human excrement, he shall be degraded from his caste, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. He shall not be granted expiation. If someone by mistake grants him expiation, the expiation certificate shall be nullified and he shall be deprived of the right to consume cooked rice [with his fellow caste members]. Such a person shall become [a member of] a Non-enslavable Śūdra caste. Water may be accepted from him. He shall be granted expiation with respect to water only.

 15. If someone belonging to a Rajapūta caste commits incest with someone else's wife, whose husband does not bear the right to kill his wife's paramour according to the *Ain*, from whom cooked rice may not be accepted, who has been brought [into the household by her husband] being her third [sexual] partner, and who is his blood relative and [having sexual intercourse] falls under

#### 114. On Incest among Rajapūtas

a *rājakhata*, [the culprit] shall be imprisoned for 1 year, because cooked rice cannot be shared between him and her. Her aggrieved husband is not allowed to kill his wife's paramour. [The culprit] shall not lose his caste status.  If he consumes cooked rice from her hands and also contaminates his fellow caste members, his share of property shall, in accordance with the *Ain*, be confiscated, he shall be imprisoned for 1 year and he shall be placed in the respective caste of that woman. If he pays the fine in lieu of his prison term, it shall be accepted and he shall be set free.

 16. If someone belonging to a Rajapūta caste commits incest with someone else's wife who has been brought [into the household by her husband] following three previous paramours, and from whom cooked rice may not be accepted, who is his blood relative and [having sexual intercourse] falls under a *rājakhata*, [the culprit] shall be imprisoned for 6 months and be set free. He shall not lose his caste. If he has sexual intercourse with such a woman who has not been brought into the household but kept hidden, he shall not be held accountable.

 17. A man or woman who commits incest with a woman or man from his or her blood relations, for whom as punishment [for committing incest] is the same as that written down for committing a *rājakhata*, shall, in accordance with the *Ain*, be punished and the people involved shall be separated from each other. If they commit incest even after they have been separated, the man shall be fined 50 rupees and the woman who has let the man have sexual intercourse with her shall be fined 25 rupees. They shall be kept separate from each other. If the amount of the fine is not paid, [the culprit] shall, in accordance with the *Ain*, be imprisoned.

 18. If someone belonging to a Rajapūta caste has sexual intercourse with his sister-in-law, both the man and woman shall remain in their respective caste, depending on whatever custom is still current. Since this [custom] has been practiced from an early time, the case shall not be considered referring to the present *Ain*. The earlier [practice] shall be valid.

 19. From Saturday, the 3rd of the bright fortnight of Vaiśākha in the year [VS] 1919 onwards, no one belonging to a Rajapūta caste shall keep his older brother's wife as wife. If anyone belonging to a Rajapūta caste does so, he shall be imprisoned for 1 year. If he pays double the fine in lieu of his prison term, it shall be accepted. His fellow caste members, relatives or family members shall not consume cooked rice from the hands of either the Rajapūta caste fellow who has kept his older brother's wife as his wife or that woman, nor from the hands of their offspring. Such offspring shall marry someone from a caste equal in status.

 20. From now onwards, if a man belonging to a Rajapūta caste who has sexual intercourse with his older brother's wife or a woman who has let [her husband's younger brother] have sexual intercourse with her, or the offspring born of [such a couple], contaminates his or her fellow caste members through cooked rice, lying about his or her caste by stating that he or she is pure, he or she shall be fined 80 rupees, and anyone who has been contaminated under deception shall be granted expiation. If someone consumes rice from the hands [of such persons], knowing that they belong to such an inferior caste, and if he does not contaminate any [of his fellow caste members] through cooked rice, he shall be placed in the caste of that person only, but no fine shall be required. If he consumes cooked rice and also contaminates his fellow caste members, he shall be fined 80 rupees and shall be placed in the caste of that person.

 21.  [The culprit's] share of property shall, in accordance with the *Ain*, be confiscated, his Sacred Thread shall be removed, he shall be degraded from his caste, and he shall be placed in a Non-enslavable Śūdra caste. If the aggrieved husband comes to complain, saying 'Punish my wife's paramour', the [concerned] *aḍḍā*, *gauḍā*, *ṭhānā* or *amāla* offices shall arrest the paramour, shall punish him accordingly and shall exile him from the village or city where he lives. [The office] shall take 10 percent of the confiscated property and hand it over to the aggrieved husband. [Regarding the sexual intercourse between someone belonging to a Rajapūta caste] and his older brother's wife, if the aggrieved husband lets his wife's paramour off without punishing him, [the paramour] shall not [be considered to have committed] a *rājakhata*. He shall remain in his caste status.

## 115. On [Incest among] Jaisī Brahmins

 1. If a Jaisī Brahmin commits incest with somebody from his blood relations, he shall, in accordance with the law for Upādhyāya Brahmins,484 be punished.

 2. The offspring born of an Upādhyāya Brahmin to a brought-in unmarried Upādhyāya Brahmin girl or to a brought-in widowed Upādhyāya Brahmin woman shall belong to an Asala Jaisī caste. Similarly, also the offspring born to a daughter of a Jaisī [Brahmin] who is ritually married and brought into [the household] by an Upādhyāya Brahmin shall belong to an Asala Jaisī caste.

 3. Among the Brahmin women who have been kept [as wives] by Upādhyāya or Jaisī Brahmins, the offspring—born to a widow, a grass widow or a woman whose husband has been punished and has been placed in a Śūdra caste and who has remained faithful [to her husband], [and the offspring fathered by an Upādhyāya or a Jaisī Brahmin] who has brought in the woman, being her second [sexual] partner—shall belong to a Jaisī caste.

 4. The offspring—born of [a union between] an Upādhyāya or Jaisī woman who is brought in by [an Upādhyāya] Brahmin, being himself her third [sexual] partner and who is outside of his kinship line—shall be called Bhāṭa Jaisīs. The [boys] shall receive the Sacred Thread. If someone belonging to a Sacred Thread-wearing caste has consensually brought in a widow of a man belonging to such a Bhāṭa Jaisī caste and he is outside of her kinship line and has contaminated her through cooked rice, he shall be fined 50 rupees. If he has not contaminated her through cooked rice, he shall not be held accountable. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

484 See Art. 113.

## 116. On [Incest among] Sacred Thread-wearing Kṣatriya Castes

**The regulation applicable to someone belonging to a Sacred Thread-wearing caste who commits incest within his blood relations:**

#### *Particulars*

 1. Someone belonging to a Sacred Thread-wearing Kṣatriya caste or the like who commits incest with his natural mother, shall be executed—irrespective of whether she is married, widowed or a common woman.485

 2. Someone belonging to a Sacred Thread-wearing Kṣatriya caste or the like who commits incest with his sister, fathered by the same father or with a daughter he himself has begotten, shall be punished by *dāmala* after his share of property has been confiscated, in accordance with the *Ain*.

 3. If someone belonging to a Sacred Thread-wearing Kṣatriya caste or the like commits incest [with the following persons], sharing with him a common ancestor up to 7 generations back, and irrespective of whether or they have been accepted to consume cooked rice together [with their fellow caste members] or not and who are different from his natural mother, sisters fathered by the same father, daughters he himself has begotten or his older brother's wife: stepmother, [step-]grandmother, classificatory younger sisters-in-law, daughters-in-law, granddaughters-in-law, sisters, daughters, granddaughters or paternal aunts, his share of property shall, in accordance with the *Ain*, be confiscated—irrespective of whether the woman is married, widowed or unmarried—his Sacred Thread shall be removed, his head shall be shaved, he shall be fed alcohol and pig meat, his caste shall be degraded and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. He shall not be granted expiation (*patiyā*). Even if someone by mistake has granted him expiation, the expiation certificate shall be nullified (*jhiknu*) and he shall be deprived of the right to consume cooked rice with his fellow caste members.  Water may be accepted [from his hands]. He shall be granted expiation for water only.

485 The law prescribing death punishment for incest with one's natural mother is the first section in Art. 116–120.

#### 116. On [Incest among] Sacred Thread-wearing Kṣatriya Castes

 4. If someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with an unmarried or widowed woman of his blood relations, sharing with him a common ancestor from more than 7 generations and up to 14 generations back, and who is past the age of 11 and who is not his older brother's wife, irrespective of whether or not she has been accepted to consume cooked rice [with her fellow caste members], his property shall, in accordance with the *Ain*, be confiscated, because it is a heinous crime (*rājakhata*). His Sacred Thread shall be removed, he shall be degraded from his caste and he shall be exiled from the village or city where he lives. Cooked rice from the hands of such a person shall not be accepted, [but] water may be accepted.

 5. If someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with an unmarried or widowed woman who belongs to his blood relations, sharing with him a common ancestor from more than 14 generations up to 21 generations back, and who is past the age of 11 and who is not his older brother's wife, irrespective of whether she has been accepted to consume cooked rice [with her fellow caste members] or not, and if he has consumed cooked rice from her hands and has also contaminated his fellow caste members through cooked rice after the incest, his property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. It shall be up to the will of his fellow caste members whether they accept cooked rice from his hands or not. If he has not contaminated his fellow caste members through cooked rice, he shall be fined 100 rupees and shall be granted expiation. He shall not lose his caste status. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

 6. If someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with an unmarried or widowed woman of his blood relations, sharing a common ancestor more than 21 generations back, and who is past the age of 11 and who is not his older brother's wife, irrespective of whether she has been accepted to consume cooked rice [with her fellow caste members] or not, and if he has contaminated his fellow caste members through cooked rice after the incest, it is a *rājakhata*. He shall be fined 50 rupees. It shall be up to the will of his fellow caste members whether they accept cooked rice from his hands or not. If he has not contaminated [his fellow caste members] through cooked rice, he shall be fined 50 rupees and shall be granted expiation.

 7. If someone belonging to a Sacred Thread-wearing caste other than an Upādhyāya [Brahmin], a Rajapūta or a Jaisī, whose heads are to be shaved as a substitution for a death sentence, has consensual sexual intercourse with his widowed classificatory elder sister-in-law, both parties shall not be held accountable for committing a *rājakhata*. If he commits adultery with his married classificatory elder sister-in-law, the aggrieved husband shall not be permitted to kill the adulterer. Such a Sacred Thread-wearing adulterer's Sacred Thread shall be removed, and his share of property shall be confiscated in accordance with the *Ain*. He shall be degraded from his caste and shall be placed in a Non-enslavable Śūdra caste. If the aggrieved husband comes to complain [at government offices], stating: 'Punish [my wife's paramour]', the *aḍḍā*, *gauḍā*, *adālata*, *ṭhānā* or *amāla* office shall arrest such a [culprit] who committed adultery and shall exile him from the village or city where he lives, after having him punished accordingly.

 8. If someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with his granddaughter, who is the daughter of a daughter he himself has begotten, or with his granddaughter-in-law whose husband bears the right to kill his wife's paramour according to the *Ain*, his property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed, his head shall be shaved, he shall be fed alcohol and pig meat, he shall be degraded from his caste, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. Water may be accepted from his hands. He shall be granted expiation with respect to water only.

 9. If someone belonging to a Sacred Thread-wearing caste other than a Brahmin or a Rajapūta has sexual intercourse with the widow of his older brother, and if his caste status is lower than hers and she does not accept cooked rice from his hands, and if he has contaminated [her fellow caste members] her fellow caste members through her with respect to cooked rice after the sexual intercourse, he shall be fined 100 rupees. If he has not contaminated any of the fellow caste members through cooked rice, he shall be fined 50 rupees. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

 10. Among nephews and nieces, if someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with his niece, who is the daughter of his sister fathered by his own father, or with his niece-in-law who is the wife of his nephew, and the latter bears the right to kill his wife's paramour according to the *Ain*—irrespective of whether she is married or unmarried, his property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed, his head shall be shaved, he shall be fed alcohol and pig meat, he shall be degraded from his caste, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. Water may be accepted from his hands. He shall be granted expiation with respect to water only.

 11.  His Sacred Thread shall be removed, his head shall be shaved, he shall be fed alcohol and pig meat, he shall be degraded from his caste, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. Water from his hands may be accepted. He shall be granted expiation with respect to water only.  On [Incest among] Sacred Thread-wearing Kṣatriya Castes

 12. Among maternal relatives, if someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with his maternal aunt who is the daughter of the step-mother of his mother, or grand-maternal aunt born from the same womb from where his maternal grandmother is born, and if she is married, the aggrieved husband may decide [whether he kills his wife's paramour or not]. If he lets [his wife's paramour] off, or if she is unmarried or widowed, [the culprit's] share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed, he shall be degraded from his caste, and he shall be exiled from the village or city where he lives. Cooked rice from his hands shall not be accepted. Water may be accepted and he shall be granted expiation with respect to water only. Such a culprit shall become [a member] of a Non-enslavable Śūdra caste.

 13.  If she is widowed or unmarried, [the culprit] shall not be held accountable for committing a *rājakhata*.

 14. Among the bridal family, if someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with his mother-in-law who gave birth to his wife and whose husband bears the right to kill his wife's paramour according to the *Ain*, with his grandmother-in-law who gave birth to his father and mother-in-law—irrespective of whether she is married or widowed and whether she has been accepted to consume cooked rice [with herfellow caste members] or not—his share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed. His head shall be shaved, he shall be fed alcohol and pig meat, he shall be degraded from his caste, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. Water from his hands may be accepted; he shall be granted expiation with respect to water only. He shall become [a member of] a Non-enslavable Śūdra caste.

 15. If someone belonging to a Sacred Thread-wearing Kṣatriya caste or similar commits incest with his step-mother-in-law who is one of the wives of his father-in-law, the latter bearing the right to kill his wife's paramour according to the *Ain*, but she is different from his full motherin-law who gave birth to his wife, his share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed. He shall be degraded from his caste and shall be exiled from the village or city where he lives. Cooked rice from the hands of such a person shall not be accepted. Water from his hands may be accepted; he shall be granted expiation for water only. Such a person shall become [a member of] a Non-enslavable Śūdra caste.

 16. If someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with his female guru who gave himself or his wife the [initiatory] mantra and whose husband bears the right to kill his wife's paramour according to the *Ain*, or with the wife of the guru who bears the right to kill his wife's paramour according to the *Ain* and who gave him the [initiatory] mantra, his share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His Sacred Thread shall be removed, his head shall be shaved, he shall be fed alcohol and pig meat, he shall be degraded from his caste, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. Water from his hands may be accepted; he shall be granted expiation with respect to water only. He shall become [a member of] a Non-enslavable Śūdra caste.

 17. If someone belonging to a Sacred Thread-wearing Kṣatriya caste commits incest with someone else's wife, whose husband does not bear the right to kill his wife's paramour according to the *Ain*, from whom cooked rice may not be accepted, who has been brought in [by her husband], being her third sexual [partner], and who is his blood relative and [having sexual intercourse] with her falls under a *rājakhata*, [the culprit] shall be imprisoned for 1 year, because cooked rice cannot be shared between him and her, and her aggrieved husband is not allowed to kill his wife's paramour. He shall not lose his caste status. If he has consumed cooked rice from her hands after committing the incest, but has not contaminated his fellow caste members through cooked rice, he shall be imprisoned for 1 year and let off after he has been placed in the caste of that woman. If he has consumed cooked rice from her hands and also has contaminated his fellow caste members, his share of property shall, in accordance with the *Ain*, be confiscated, he shall be imprisoned for 1 year, and he shall be placed in the respective caste of that woman. If he pays the fine in lieu of his prison term, it shall be accepted and he shall be set free.

 18. If someone belonging to a Sacred Thread-wearing Kṣatriya caste or similar commits incest with someone else's wife, who has been brought into the household [by her husband] following three previous paramours, from whom cooked rice may not be accepted,486 who is his blood relative and [having sexual intercourse] with her falls under a *rājakhata*, [the culprit] shall be imprisoned for 6 months and be set free. He shall not lose his caste. If he has sexual intercourse with such a woman who has not been brought into the household but kept hidden, he shall not be held accountable.

 19. If someone belonging to a Sacred Thread-wearing caste other than an Upādhyāya [Brahmin], a Rajapūta or an Asala Jaisī has illicit sexual intercourse with his widowed older brother's wife, who has declared that she will remain faithful to her [deceased] husband and who is below the age of 11, by committing one of the following acts: making her consume intoxicating substances, confining or gagging her, it shall be considered rape. His share of property shall, in accordance with the *Ain*, be confiscated. [A fee] of 10 percent [of his confiscated property] shall be taken from him and it shall be given to that woman. The culprit who raped her shall be

486 *bhāta calanyā*, read *bhāta nacalnyā* (MA2).

116. On [Incest among] Sacred Thread-wearing Kṣatriya Castes

imprisoned for 6 years. If he pays double the amount in lieu of his prison term, it shall be accepted and he shall be set free.

 20. If someone belonging to a Sacred Thread-wearing caste other than an Upādhyāya [Brahmin], a Rajapūta or an Asala Jaisī has illicit sexual intercourse with the widow of his older brother, who has declared she will remain faithful to her [deceased] husband and who is past the age of 11, by committing one of the following acts: making her consume intoxicating substances, confining or gagging her, it shall be considered rape. His share of property shall, in accordance with the *Ain*, be confiscated. A *kacaharī* office shall collect 10 percent [of the confiscated property as a fee] and it shall be given to that woman. The culprit who raped her shall be imprisoned for 3 years. If he pays double the amount in lieu of his prison term, it shall be accepted and he shall be set free.

 21. If someone belonging to a Sacred Thread-wearing Kṣatriya caste or similar, other than an Upādhyāya, who has [not]487 been initiated, and thus has not been accepted to consume cooked rice [together with his fellow caste members] has consensual illicit sexual intercourse with his older brother's wife, and if someone comes to complain that the former has contaminated [his fellow caste members] through cooked rice, such a younger brother in-law who has illicit sexual intercourse [with his elder sister-in-law] and who is not initiated shall be fined 20 rupees. Someone who consumes cooked rice from his hands under deception shall be granted expiation. If he has not contaminated [anyone] through cooked rice, he shall not be held accountable. An older brother's wife who lets her younger brother-in-law have illicit sexual intercourse with her shall not be accepted to consume cooked rice with her fellow caste members.

487 The negation is missing in MA1 and MA2.

## 117. [On Incest among] Non-enslavable Alcohol-drinking Castes

**The regulations applicable to someone belonging to a Non-enslavable Alcoholdrinking caste who commits incest within his blood relations:**

#### *Particulars*

1. Someone belonging to a Non-enslavable Alcohol-drinking caste or similar who commits incest with his natural mother, shall be executed—irrespective of whether she is married, widowed or a common woman.488

2. Someone belonging to a Non-enslavable Alcohol-drinking caste or similar who commits incest with his sister, who his father himself has begotten or with his daughter he himself has begotten, shall be punished by *dāmala* after his share of property has been confiscated, in accordance with the *Ain*.

3. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest [with the following persons], sharing with him a common ancestor more than 4 generations back, other than his natural mother, sisters who his father himself has begotten, or older brother's wife: step-mother, [step-]grandmother, younger sisters-in-law, daughters-in-law or granddaughtersin-law whose husbands, in accordance with the *Ain*, bear the right to kill his wife's paramour, or classificatory sister, daughter, granddaughter or paternal aunt, his share of property shall, in accordance with the *Ain*, be confiscated—irrespective of whether the woman is married, widowed or unmarried—his head shall be shaved, he shall be fed dog meat, his caste shall be degraded, he shall be deprived of his right to consume cooked rice with his fellow caste members and he shall be chased away—after having taken him around the city or *gauḍās*—across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. He shall not be granted expiation (*patiyā*). Such a person shall become [a member of] an Enslavable Bhoṭe caste. Water may be accepted [from his hands]; he shall be granted expiation with respect to water only.

4. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with an unmarried or widowed woman who is within his blood relations, sharing with him

488 The law prescribing death punishment for incest with one's natural mother is the first section in Art. 116–120.

#### 117. [On Incest among] Non-enslavable Alcohol-drinking Castes

a common ancestor from more than 4 generations up to 7 generations back, and who is past the age of 11, his property shall, in accordance with the *Ain*, be confiscated, he shall be degraded from his caste and shall be placed in a Bhoṭe caste. Water shall be acceptable [from his hands]; he shall be granted expiation with respect to water only.

5. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with an unmarried or widowed woman within his blood relations, sharing with him a common ancestor from more than 7 generations up to 14 generations back, and who is past the age of 11, he shall be fined 50 rupees. Such a man and woman shall be separated from each other and they shall be granted expiation for cooked rice and water. They shall not lose their caste status. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

6. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with an unmarried or widowed woman within his blood relations, sharing with him a common ancestor from more than 14 generations up to any further [generation], and who is past the age of 11, he shall be fined 20 rupees. Such a man and woman shall be separated from each other. They shall not lose their caste status. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

7. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar has consensual sexual intercourse with the widow of his older brother, both parties shall not be held accountable for committing a heinous crime (*rājakhata*). If he commits adultery with his older brother's ritually married wife, it shall be up to the will of the aggrieved husband whether he, in accordance with the *Ain*, confiscates his wife's paramour's share of property and exiles him from the village or city where he lives, after degrading him from his caste, or whether he lets his wife's paramour off without doing anything of that kind. If such an aggrieved husband lets his [wife's paramour] off, giving him an excuse for his crime and without punishing him, [the adulterer] shall not lose his caste. If such an aggrieved husband comes to complain [to government offices], the *aḍḍā*, *gauḍā*, *adālata*, *ṭhānā* or *amāla* office shall arrest his wife's paramour, shall, in accordance with the *Ain*, confiscate his share of property, shall place him in an Enslavable Bhoṭe caste and exile him from the village or city. Ten percent of his confiscated property shall be collected [as a fee] and it shall be given to the aggrieved husband. Regarding [the adultery] committed with his older brother's wife, if her aggrieved husband lets his wife's paramour off without punishing him, and if he does not lodge a complaint, [the culprit] shall not be held accountable for committing a *rājakhata*. He shall remain in his caste.

8. If someone belonging to a Non-enslavable Alcohol-drinking caste commits incest with his granddaughter, who is the daughter of a daughter he himself has begotten, or his granddaughter-in-law, whose husband bears the right to kill his wife's paramour according to the *Ain*, his property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His head shall be shaved, he shall be fed alcohol and dog meat, he shall be degraded from his caste, and he shall be chased away—after having taken him around the city or *gauḍā*—across the river towards

the west, if he comes from the east, or towards the east, if he comes from the west. Such culprits shall be regarded as [members of] Enslavable Bhoṭe castes. They shall not be granted expiation for cooked rice. Water may be accepted from their hands; they shall be granted expiation for water only.

9.  His head shall be shaved, he shall be fed dog meat, he shall be degraded from his caste and shall be chased away—after having taken him around the city or *gauḍā* and having deprived him of his right to consume cooked rice together with his fellow caste members—across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Such persons shall become [members of] an Enslavable Bhoṭe caste. They shall not obtain expiation for cooked rice. Water may be accepted from their hands; they shall be granted expiation with respect water only.

 10. Among the maternal relatives, if someone belonging to a Non-enslavable Alcoholdrinking caste or similar commits incest with his grandmother, who gave birth to his mother, or with his maternal aunt born to the same womb from which his mother is born, or with his maternal uncle's wife whose husband bears the right to kill his wife's paramour—irrespective of whether she has been accepted to consume cooked rice [with her fellow caste members] or not—his property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His head shall be shaved, he shall be fed dog meat, he shall be degraded from his caste, and he shall be chased away—after having taken him around the city or *gauḍā* and having deprived him of his right to consume cooked rice together with his fellow caste members—across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Such a person shall become [a member of] an Enslavable Bhoṭe caste. He shall not obtain expiation for cooked rice. Water may be accepted from his hands; he shall be granted expiation with respect to water only.

11. Among the maternal relations, if someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with his maternal aunt, who is the daughter of the step-mother of his mother, or grandmother who is the daughter fathered by the same father of the mother's mother (i.e. grand-aunt), and she is married, it shall be up to the will of the aggrieved husband [whether he kills his wife's paramour or not]. If he lets [his wife's paramour] off, or if she is unmarried or widowed, [the culprit's] share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*, and he shall be exiled from the village or city where he lives. Cooked

489 *jāṃjyā vuhāriko*, read *bhāṃjyā buhāriko* (MA2).

#### 117. [On Incest among] Non-enslavable Alcohol-drinking Castes

rice from his hands shall not be accepted. Water may be accepted; he shall be granted expiation for water only. Such [a culprit] shall become [a member of] an Enslavable Parjā caste.

12.  If she is unmarried or widowed, he shall not be held accountable for committing a *rājakhata* 490.

 13. Among the bridal family, if someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with his mother-in-law who gave birth to his wife, with his grandmother-in-law who gave birth to his father and mother-in-law, his share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*—irrespective of whether she is married or widowed and whether she has been accepted to consume cooked rice [with her fellow caste members] or not. His head shall be shaved, he shall be fed dog meat, he shall be degraded from his caste, and he shall be chased away—after having taken him around the city or *gauḍā* and having deprived him of his right to consume cooked rice together with his fellow caste members—across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Such persons shall become [members of] an Enslavable Bhoṭe caste. Water from their hands may be accepted; they shall be granted expiation with respect to water only.

 14. Among the bridal family, if someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with his [step] mother-in-law, who is the co-wife of his father-inlaw, who bears the right to kill his wife's paramour according to the *Ain*, he shall be exiled from the village or city where he lives, after having his share of property confiscated in accordance with the *Ain*, because it is a *rājakhata*. Cooked rice from his hands shall not be accepted. Water may be accepted from his hands; he shall be granted expiation with respect to water only.

15. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with his female guru who gave his wife the initiatory mantra, or with the wife of his guru who gave him himself the initiatory mantra and who bears the right to kill his wife's paramour according to the *Ain*, his share of property shall, in accordance with the *Ain*, be confiscated, because it is a *rājakhata*. His head shall be shaved, he shall be fed dog meat, he shall be degraded from his caste, and he shall be chased away—after having taken him around the city or *gauḍā* and having deprived him of his right to consume cooked rice together with his fellow caste members—across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Such a person shall become [a member of] an Enslavable Bhoṭe caste. They shall not obtain expiation for cooked rice. Water may be accepted from their hands; they shall be granted expiation with respect to water only.

490 *rāja*, read *rājakhata lāgdaina* (MA2).

16. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with someone else's wife, whose husband does not bear the right to kill his wife's paramour according to the *Ain*, 491 from whom cooked rice may not be accepted, who has been brought in [by her husband], as her third sexual partner, and who is his blood relative and [having sexual intercourse] with her falls under a *rājakhata*, and if he has not contaminated any of his fellow caste members through cooked rice after the incest, [the culprit] shall be imprisoned for 1 year, because cooked rice cannot be shared between him and her, and her aggrieved husband is not allowed to kill his wife's paramour. He shall not lose his caste status. If he also contaminates his fellow caste members through cooked rice after the incest, he shall be imprisoned for 1½ years. If he pays the fine in lieu of his prison term, it shall be accepted and he shall be set free.

17. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with someone else's wife, who has been brought in [by her husband] following three previous paramours, and from whom cooked rice may not be accepted, who is his blood relative and [having sexual intercourse] with her falls under a *rājakhata*, [the culprit] shall be imprisoned for 6 months and be set free. He shall not lose his caste status. If he has sexual intercourse with such a woman who has not been brought into the house but kept hidden, he shall not be held accountable.

18. If someone belonging to a Non-enslavable Alcohol-drinking caste or similar commits incest with his niece, born to the daughter of his paternal uncle, who is fathered by the same grandfather [who fathered his father], or with his granddaughter, born to the daughter of his brother, who is fathered by the same father, and she is married, it shall, in accordance with the *Ain*, be up to the will of her aggrieved husband [as to whether he kills his wife's paramour or not]. If she is unmarried or widowed, his share of property shall, in accordance with the *Ain*, be confiscated, his head shall be shaved, he shall be fed dog meat, he shall be degraded from his caste, and he shall be chased away, after having taken him around the city or *gauḍā* and having deprived him of his right to consume cooked rice together with his fellow caste members. Cooked rice from the hands of such a person shall not be accepted. Such persons shall become [members of] an Enslavable Bhoṭe caste. Water may be accepted; they shall be granted expiation with respect to water only. If such a person has illicit sexual intercourse with a woman among his relatives or clan members other than the above-mentioned relatives, and who does not fall under his blood relations, and if he contaminates his fellow caste members through cooked rice after the illicit sexual intercourse, and she is married, it shall, in accordance with the *Ain*, be up to the will of her aggrieved husband [as to whether he kills his wife's paramour or not]. If she is unmarried or widowed and has passed the age of 11, he shall be punished in accordance with the regulation applicable to someone who has sexual intercourse with an unmarried or widowed woman who is not of his relatives [or clan members]. If he has not contaminated [his fellow caste members] through cooked rice, he shall not be held accountable.

491 *ainale jāra hāṃna hunyā*, read *ainale jāra hāṃna nahunyā* (MA2).

## 118. On [Incest among] Enslavable Alcohol-drinking Castes

#### **The regulations applicable to someone belonging to an Enslavable Alcohol-drinking Caste who commits incest within blood relations:**

#### *Particulars*

1. Someone belonging to an Enslavable Alcohol-drinking caste who commits incest with his natural mother, shall be executed—irrespective of whether she is married, widowed or a common woman.492

2. Someone belonging to an Enslavable Alcohol-drinking caste who commits incest with his sister, begotten by his father himself, or with his daughter he himself has begotten, shall be punished by *dāmala* after his share of property has been confiscated, in accordance with the *Ain*.

3. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with an unmarried girl, married woman or widow of his blood relations who shares with him a common ancestor up to 5 generations back, who is past the age of 11 and who is not his natural mother, nor a sister his father himself has begotten, nor a daughter he himself has begotten, nor an older brother's wife, both such a man and woman shall be enslaved.

4. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with an unmarried or widowed woman of his blood relations who has passed the age of 11 and who shares with him a common ancestor from more than 5 generations back and up to 14 generations, such a man and woman shall be fined 15 and 10 rupees respectively and they shall be separated from each other. Someone [belonging to an Enslavable Alcohol-drinking caste] who commits incest [with a woman] who, in his family tree, is related to him more than 5 generations back shall not be enslaved.

5. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with a person of his or her blood relation who shares a common ancestor from more than 14 generations back, such a man and woman shall be fined 12 and 8 rupees respectively.

492 The law prescribing death punishment for incest with one's natural mother is the first section in Art. 116–120.

 6. Among the Enslavable Alcohol-drinking castes, if someone from whom water may be accepted commits incest with a married woman of his blood relations who shares a common ancestor more than 5 generations back, and who has entered marriage or has been wedded according to the marriage rites of her caste, he shall be made to pay 20 rupees to her aggrieved husband for the marriage expenses and shall be fined 20 rupees. Since it is incest, such a woman shall be fined 10 rupees. If he commits incest with such a woman, who has been brought in without being wedded according to the marriage rites of her caste, and who has been accepted to consume cooked rice with [her aggrieved husband's] fellow caste members, he shall not need to compensate [her aggrieved husband] for the marriage expenses. Both such a man and woman shall be fined 10 rupees each. If he commits incest with such a woman who has been brought in and kept in the house, but has not been accepted to consume cooked rice [with her aggrieved husband's] fellow caste members and to perform caste rituals with them, such [an adulterer] shall be fined 10 rupees and she shall be fined 5 rupees. They shall be separated from each other. If they do not pay the amount of the fine, they shall, in accordance with the *Ain*, be imprisoned.

7. If someone belonging to an Enslavable Alcohol-drinking caste has consensual sexual intercourse with the widow of his older brother, both parties shall not be held accountable for committing a heinous crime (*rājakhata*).  If such an aggrieved husband lets his [wife's paramour] off, giving him an excuse for his crime and without punishing him, [the adulterer] shall not lose his caste. If such an aggrieved husband comes [to government offices] and declares that he will not punish his wife's paramour, the *aḍḍā*, *gauḍā*, *adālata*, *ṭhānā* or *amāla* offices shall, in accordance with the *Ain*, confiscate the share of property of such [an adulterer], shall collect 10 percent of [the total value], and give it to that aggrieved husband. The adulterer shall be imprisoned for 6 months. If he pays the amount in lieu of his prison term, it shall be accepted. If the aggrieved husband forgives his wife's paramour and lets him off without punishing him, [the latter] shall not be held accountable for committing a *rājakhata*. He shall not lose his caste. Both such a man and woman, if they belong to a caste whose members do not bear the right to kill their wives' paramour [in such a case of adultery], shall be enslaved.

8. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with his granddaughter,493 who is daughter of the daughter he himself has begotten, or his granddaughter-in-law, whose husband bears the right to kill his wife's paramour according to the *Ain*, both the man who committed incest and the woman who let him do so shall be enslaved, because it is a *rājakhata*.

493 *nāti*, read *nātini* (MA2).

118. On [Incest among] Enslavable Alcohol-drinking Castes

9. Among nephews and nieces, if someone belonging to an Enslavable Alcohol-drinking caste commits incest with his niece, who is the daughter of his sister fathered by the same father as he is, or with his niece-in-law who is the wife of his nephew bearing the right to kill his wife's paramour according to the *Ain*—irrespective of whether she is married, widowed or unmarried, both shall be enslaved, because it is a *rājakhata*.

 10.

11. Among the maternal relatives, if someone belonging to an Enslavable Alcohol-drinking caste commits incest with his maternal aunt who is the daughter of the stepmother of his mother, or grandmother who is the daughter fathered by the same father of the mother's mother (i.e. grandaunt), and she is married, he shall be made to pay 20 rupees to her aggrieved husband for the marriage expenses, and both such a man and woman shall be fined 20 and 10 rupees, respectively. If such a woman is unmarried or widowed, the man shall be fined 15 rupees and woman shall be fined 10 rupees, because it is a *rājakhata*.

 12. Among the family from the bride's side, if someone belonging to an Enslavable Alcoholdrinking caste commits incest with his mother-in-law who gave birth to his wife, with a co-wife of his father-in-law who has entered marriage, with his grandmother-in-law who gave birth to his father and mother-in-law,494 both such a man who committed incest and the woman who let him do so shall be enslaved, because it is a *rājakhata*.

13. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with his female guru who gave him the initiatory mantra, or with the wife of his guru who gave him the initiatory mantra and who bears the right to kill his wife's paramour according to the *Ain*, both shall be enslaved.

 14. Among the women, any who lets her natural father, her brother whom her father himself has begotten, her son whom she herself has begotten or her father-in-law commit incest with her, if she belongs to a Non-enslavable caste, she shall be imprisoned for 3 years. If she pays the amount in lieu of her prison term, it shall be accepted and she shall be set free. If such a woman belongs to an Enslavable, Water-unacceptable [but Touchable] or Untouchable caste, she shall be enslaved.

15. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with his niece born to the daughter of his paternal uncle, who is born from the same grandfather, or with his granddaughter born to the daughter of his brother, who is born from the same father, and she

494 *sadhu*, read *sāsu* (MA2).

is married, it shall, in accordance with the *Ain*, be up to the will of her aggrieved husband [as to whether he punishes his wife's paramour or not]. If she is unmarried or widowed, both such a man who committed incest and the woman who let him do so shall be enslaved. If such a person has illicit sexual intercourse with a woman among his relatives or clan members other than the ones mentioned above, and if he has contaminated his fellow caste members through cooked rice after the illicit sexual intercourse, and if she is married, it shall, in accordance with the *Ain*, be up to the will of her aggrieved husband [as to whether he punishes his wife's paramour or not]. If she is unmarried or widowed and is past the age of 11, he shall be punished in accordance with the regulation applicable to someone who has sexual intercourse with an unmarried or widowed woman who is not among his relatives [or clan members]. If he has not contaminated [his fellow caste members] through cooked rice, he shall not be held accountable.

## 119. On [Incest among Water-unacceptable but] Touchable Castes

**These regulations are applicable to someone belonging to a Water-unacceptable but Touchable caste, including Curauṭe Muslims, but excludes foreign Muslims; they deal with those committing incest within blood relations:**

#### *Particulars*

1. Someone belonging to a Water-unacceptable but Touchable caste other than [foreign] Muslims who commits incest with his natural mother, shall be executed—irrespective of whether she is married, widowed or a common woman.495

2. Someone belonging to a Water-unacceptable but Touchable caste who commits incest with his sister, begotten by his own father or with the daughter he himself has begotten, shall be punished by *dāmala* after his share of property has been confiscated, in accordance with the *Ain*.

3. If someone belonging to a Water-unacceptable but Touchable caste commits incest with a married, widowed or unmarried woman of his blood relations who shares with him a common ancestor up to 4 generations back, who is past the age of 11, and who is not his natural mother, his daughter he himself has begotten, or his older brother's wife, both such a man who committed incest and such a woman who let him do so shall be enslaved.

4. A man belonging to a Water-unacceptable but Touchable caste, excluding [foreign] Muslims, who commits incest with a widowed or unmarried woman of his blood relations who is past the age of 11 shall be fined 12 rupees, irrespective of how many generations back such a woman shares a common ancestor with him, if she shares a common ancestor more than 4 generations back from him. Such a woman shall be fined 8 rupees, and such a man and woman shall be separated from each other. They shall not lose their caste.

5. If someone belonging to a Water-unacceptable but Touchable caste, excluding [foreign] Muslims, commits incest with a married woman of his blood relations who shares with him

495 The law prescribing death punishment for incest with one's natural mother is the first section in Art. 116–120.

a common ancestor more than 4 generations back, and she has entered marriage or has been wedded by performing the marriage rites according to her caste customs, such a man shall be fined 15 rupees, after having made him compensate [her aggrieved husband] 15 rupees for the marriage expenses. Such an incestuous woman shall be fined 8 rupees. If he commits incest with such a woman who has been brought in without being wedded according to the marriage rites of her caste and who has been accepted to consume cooked rice with [her aggrieved husband's] fellow caste members, he shall not need to compensate [her aggrieved husband] for the marriage expenses. Both such a man and woman shall be fined 15 and 8 rupees, respectively. If he commits incest with such a woman who has been brought in and kept in the house, but has not been accepted to consume cooked rice [with her aggrieved husband's] fellow caste members, such [an adulterer] shall be fined 8 rupees and she shall be fined 5 rupees. They shall be separated from each other. If they do not pay the amount of the fine, they shall, in accordance with the *Ain*, be imprisoned.

6. If someone belonging to a Water-unacceptable but Touchable caste, excluding [foreign] Muslims, has consensual sexual intercourse with his widowed older brother's wife, both parties shall not be held accountable for committing a heinous crime (*rājakhata*). If he has sexual intercourse with his [ritually] married older brother's wife, it shall be up to the will of her aggrieved husband as to whether he, in accordance with the *Ain*, confiscates his wife's paramour's share of property and exiles him from the village or city where he lives, or whether he lets his wife's paramour off without doing any such thing. If such an aggrieved husband lets his [wife's paramour] off, giving him an excuse for his crime and without punishing him, [the adulterer] shall not lose his caste. If such an aggrieved husband comes [to government offices] and complains that [his wife's paramour] should be punished, the *aḍḍā*, *gauḍā*, *adālata*, *ṭhānā* or *amāla* office shall arrest such a culprit who committed adultery [with someone else's wife], and shall, in accordance with the *Ain*, confiscate his share of property, collect 10 percent of [its total value], and give it to that aggrieved husband. The adulterer shall be imprisoned for 4 months.

7.

8.  On [Incest among Water-unacceptable but] Touchable Castes

 9. Among the bridal family, if someone belonging to a Water-unacceptable but Touchable caste, excluding [foreign] Muslims, commits incest with his mother-in-law who gave birth to his wife, with a co-wife of his father-in-law who has entered marriage, or with his grandmother-in-law who gave birth to his father and mother-in-law, both such a man who committed incest and the woman who let him do so shall be enslaved.

## 120. On [Incest among] Untouchable Castes

#### **The regulations applicable to someone belonging to an Untouchable Caste who commits incest within blood relations:**

#### *Particulars*

 1. Someone belonging to an Untouchable caste who commits incest with his natural mother shall be executed—irrespective of whether she is married, widowed or a common woman.496

 2. Someone belonging to an Untouchable caste who commits incest with his sister, begotten by his own father, or with the daughter he himself has begotten, shall be punished by *dāmala*, after his share of property has been confiscated, in accordance with the *Ain*.

 3. If someone belonging to an Untouchable caste commits incest with a married, widowed or unmarried woman of his blood relations who shares with him a common ancestor up to 4 generations back, who has passed the age of 11 and who is not his natural mother, or sister begotten by his own father, or the daughter he himself has begotten, both such a man who committed incest and the woman who let him do so shall be enslaved.

 4. A man belonging to an Untouchable caste who commits incest with a widowed or unmarried woman of his blood relations who has passed the age of 11 shall be fined 12 rupees, irrespective of how many generations back such a woman shares a common ancestor with him, if she shares [an ancestor] up to 4 generations back. Such a woman shall be fined 8 rupees, and both [adulterers] shall be separated from each other. They shall not lose their caste.

 5. If someone belonging to an Untouchable caste commits incest with a married woman of his blood relations who shares with him a common ancestor more than 4 generations back, and she has entered marriage or has been wedded by performing the marriage rites according to her caste custom, such a man shall be fined 15 rupees, after he has been made to compensate [her aggrieved husband] with 15 rupees for the marriage expenses. Such an incestuous woman shall be fined 8 rupees. If he commits incest with such a woman who has been brought in without performing the marriage rites of her caste customs, and who has been accepted to consume cooked rice with

496 The regulation prescribing death for incest with one's natural mother is the first section in Art. 116–120.

#### 120. On [Incest among] Untouchable Castes

[her aggrieved husband's] fellow caste members, he shall not need to compensate [her aggrieved husband] for the marriage expenses. Both such a man and woman shall be fined 15 and 8 rupees, respectively. If he commits incest with such a woman who has been brought into and kept in the household, but has not been accepted to consume cooked rice [with her aggrieved husband's] fellow caste members, such [an adulterer] shall be fined 8 rupees and she shall be fined 5 rupees. They shall be separated from each other. If they do not pay the amount of the fine, they shall, in accordance with the *Ain*, be imprisoned.

 6. If someone belonging to an Untouchable caste has consensual sexual intercourse with the widow of his older brother, both parties shall not be held accountable for committing a heinous crime (*rājakhata*). If he has sexual intercourse with his older brother's ritually married wife, it shall be up to the will of her aggrieved husband as to whether he, in accordance with the *Ain*, confiscates his wife's paramour's share of property and exiles him from the village or city where he lives, or whether he lets his wife's paramour off without doing any such thing. If such an aggrieved husband lets his [wife's paramour] off, giving him an excuse for his crime and without punishing him, [the adulterer] shall not lose his caste. If such an aggrieved husband comes [to government offices] and complains that [his wife's paramour] should be punished, the *aḍḍā*, *gauḍā*, *adālata*, *ṭhānā* or *amāla* offices shall arrest such a culprit who committed adultery [with someone's wife], and they shall, in accordance with the *Ain*, confiscate his share of property, shall collect 10 percent of [its total value], and give it to that aggrieved husband. With regard to an adultery committed with an elder sister in-law, if the aggrieved husband lets his wife's paramour off without punishing him, no *rājakhata* shall be assigned.

 7.

 8.

 9. Among the bridal family, if someone belonging to an Untouchable caste commits incest with his mother-in-law who gave birth to his wife, with a co-wife of his father-in-law who has entered marriage, or with his grandmother-in-law who gave birth to his father and mother-in-law, both such an incestuous man and woman shall be enslaved.

### 121.  If someone commits incest [with a woman] of his blood relations or of [any other] relations with whom committing incest, as laid down in the *Ain*, results in punishment, he shall be punished according to the *Ain*. If someone has illicit sexual intercourse [with a woman] among his [non-blood] relatives (*aru nātā*)497other than those with whom having sexual intercourse, as laid down in the *Ain*, results in punishment, and if she is married, it shall be up to the will of her aggrieved husband [whether he punishes his wife's paramour or not]. If such a woman is unmarried or widowed and from the same caste as the man, and if the illicit sexual intercourse is consensual, and if such a man has not contaminated his and her fellow caste members through cooked rice after the illicit sexual intercourse, he shall not be held accountable. If he has contaminated any of the fellow caste members after the illicit sexual intercourse, [such a] Brahmin culprit shall be fined 100 rupees. If he belongs to a Rajapūta, Sacred Thread-wearing, Non-enslavable Alcohol-drinking or Enslavable Alcohol-drinking caste, he shall be fined 60, 50, 20, or 5 rupees, respectively. If he rapes her, he shall be fined in accordance with the *Ain*'s [Art. 132–133] 'On Rape'. If someone takes a widow as a concubine or enters into marriage with someone who is his relative, other than a blood relative with whom marriage is punishable as laid down in the *Ain*, he shall not be held accountable.

 2. If someone commits incest with [a woman] who is his relative on his paternal aunt's side and punishment is laid down in the *Ain* for having illicit sexual intercourse with her, he shall be punished in accordance with the *Ain*. If he has consensual illicit sexual intercourse with such a woman who is married, other than [a woman] for whom punishment is laid down in the *Ain* for having illicit sexual intercourse and who belongs to the [same] caste as he does, and if he has not contaminated his and her fellow caste members through cooked rice, he shall not be held accountable. If has contaminated any of the fellow caste members through cooked rice after the

497 This refers to all relatives who do not fall under the category of 'bone or blood relatives' (*hāḍanātā*), that are specified in Art. 113–120.

#### 121.  If he belongs to a Rajapūta, Sacred Thread-wearing, Non-enslavable Alcohol-drinking or Enslavable Alcohol-drinking caste, he shall be fined 60, 50, 20, or 5 rupees, respectively. If he rapes her, he shall be fined in accordance with the *Ain*'s [Art. 132–133] 'On Rape'. If someone marries a woman from his paternal aunt's family, but not his parental aunt herself, or if he takes a widowed woman [from his parental aunt's family] to wife, he shall not be held accountable.

3. Among the maternal relatives, if someone commits incest with his maternal grandmother who gave birth to his mother, with his maternal aunt who was born to his maternal grandmother and fathered by his maternal grandfather, with the wife of his maternal uncle who bears the right to kill his wife's paramour according to the *Ain*, with his maternal aunt who is the daughter of his mother's stepmother, or with his grand-aunt who is born from the same womb whence his maternal grandmother was born, he shall, in accordance with the *Ain*, be punished. If he has illicit sexual intercourse with a woman from his maternal [non-blood] relatives other than these, and if she is married, it shall be up to the will of her aggrieved husband [whether he punishes his wife's paramour or not]. If he has illicit sexual intercourse with any such unmarried or widowed woman who belongs to the same caste as he does, and if he has not contaminated his and her fellow caste members through cooked rice after the illicit sexual intercourse, he shall not be held accountable. If he has contaminated any of the fellow caste members through cooked rice after the illicit sexual intercourse, he—if he is a Brahmin—shall be fined 100 rupees. If he belongs to a Rajapūta, Sacred Thread-wearing, Non-enslavable Alcohol-drinking or Enslavable Alcohol-drinking caste, he shall be fined 60, 50, 20, or 5 rupees, respectively. If he rapes her, he shall be fined in accordance with the *Ain*'s [Art. 132–133] 'On Rape'. If he marries a woman from his maternal family side, but other than one for whom punishment is written down in the *Ain* for sexual intercourse with her, or if he takes a widowed woman [from his maternal family] as wife, he shall not be held accountable.

4. Among the nephews and nieces, if someone commits incest with his niece who is the daughter of his sister born of the same father, or with his niece-in-law who is the wife of his nephew, bearing the right to kill his wife's paramour according to the *Ain*, he shall, in accordance with the *Ain*, be punished. If he has illicit sexual intercourse with a married woman from his nephew's and niece's family other than those [mentioned above], it shall be up to the will of her aggrieved husband [whether he kills his wife's paramour or not]. If he has illicit sexual intercourse with any such unmarried or widowed woman who belongs to the same caste as he does, and if he has not contaminated his and her fellow caste members through cooked rice after the sexual intercourse, he shall not be held accountable. If he has contaminated any of the fellow caste members through cooked rice after the illicit sexual intercourse, he—if he is a Brahmin—shall be fined 100 rupees. If he belongs to a Rajapūta, Sacred Thread-wearing, Non-enslavable Alcohol-drinking or Enslavable Alcohol-drinking caste, he shall be fined 60, 50, 20, or 5 rupees, respectively. If he rapes her, he shall be fined in accordance with the *Ain*'s [Art. 132–133] 'On Rape'. If he marries a woman from his niece's or niece-in-law's family other than his niece or niece-in-law, or he keeps a widowed woman [from such a family] as a wife, he shall not be held accountable.

 5. Among the bridal family, if someone commits incest with his mother-in-law who gave birth to his wife, with a co-wife of his father-in-law who bears the right to kill his wife's paramour, or with his grandmother-in-law who gave birth to his father- and mother-in-law, he shall, in accordance with the *Ain*, be punished. If he has illicit sexual intercourse with a married woman from the bridal family other than those [mentioned above], it shall be up to the will of her aggrieved husband [whether or not he kills his wife's paramour]. If he has illicit sexual intercourse with any such unmarried or widowed woman who belongs to the same caste as he does, and if he has not contaminated his and her fellow caste members through cooked rice after the sexual intercourse, he shall not be held accountable. If he has contaminated any of the fellow caste members through cooked rice after the illicit sexual intercourse, he—if he is a Brahmin shall be fined 100 rupees. If he belongs to a Rajapūta, Sacred Thread-wearing, Non-enslavable Alcohol-drinking or Enslavable Alcohol-drinking caste, he shall be fined 60, 50, 20, or 5 rupees, respectively. If he rapes her, he shall be fined in accordance with the *Ain*'s [Art. 132–133] 'On Rape'. Among the bridal family, if he marries a woman, [such as] the wives of brothers of his father-in-law, the wives of brothers of his wife, or the maternal or paternal aunt of his wife, for whom no punishment is laid down in the *Ain* with regard to having sexual intercourse, or if he keeps any such widowed woman as a wife, he shall not be held accountable.

## 122. On Incest by a Member of a Sacred Threadwearing Caste with a Blood Relative Who Has Become a Common Woman

 1. If someone belonging to a Sacred Thread-wearing caste including Brahmins commits incest with the wife of a person of his blood relations, sharing a common ancestor with him up to 7 generations back [such as] his uncle, grandfather, brother, nephew or grandson, and who, according to the *Ain*, has the right to kill his wife's paramour,498 his property, in accordance with the *Ain*, shall be confiscated, he shall be deprived of the right to consume rice with his fellow caste members, and he shall be set free, given the fact that [a] the woman in question has been legally married [to the blood relative], or was taken by [that blood relative] as a mistress after committing adultery with her, or being either unmarried or widowed, was taken as a concubine [by that blood relative], [b] she has run off with another man without remaining faithful to her husband and the culprit has had illicit sexual intercourse with her, being unaware that she had run off and committed adultery with somebody else, and [c] he has hidden the incest, consumed rice from her hands and also contaminated his fellow caste members through rice. If he has consumed cooked rice from her hands but has not contaminated his fellow caste members through cooked rice [after the incest], he shall be fined 50 rupees, shall be deprived of the right to consume cooked rice together with his fellow caste members, and shall be set free. If he has not consumed cooked rice from her hands and has also not contaminated his fellow caste members through cooked rice after the incest, he shall only be fined 50 rupees. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned. He shall not lose his caste status.

 2. If someone belonging to a Sacred Thread-wearing caste, including Brahmins, commits incest with a woman from his blood relations, sharing a common ancestor with her up to 7 generations back, except his natural mother, a daughter he himself has begotten and his sister born from the same parents (*ekā ā̃ta*), [such as] a paternal aunt, paternal grand-aunt, [classificatory] sister, [classificatory] daughter, granddaughter, any niece who is the daughter of his sister, whom his father himself has begotten, or a maternal aunt begotten by the same father of his mother, and mother-in-law who is the mother of his ritually married wife or his female guru, his share of property shall, in accordance with the *Ain*, be confiscated and he shall not lose his caste, under the condition that the woman in question had run off with another man without remaining faithful to her husband, and if [the offender] has committed incest with her, being unaware that [she had run] off and committed adultery with somebody else. If he has consumed cooked rice from her hands after the incest, his share of property shall be confiscated and he shall be degraded from

498 The different groups of people who bear that right are specified in Art. 134.

his caste status. If he has consumed cooked rice from her hands and has also contaminated his fellow caste members through cooked rice after the incest, he shall be imprisoned for 1 year after having his share of property confiscated in accordance with the *Ain*.

 3. If someone belonging to a Sacred Thread-wearing caste, including an Upādhyāya Brahmin, commits incest with his sister whom his father himself has begotten, or with his daughter whom he himself has begotten, [or with a woman] who has run off with another man without remaining faithful to her husband, such a culprit's share of property shall, in accordance with the *Ain*, be confiscated, his Sacred Thread shall be removed, his head shall be shaved499, he shall be fed alcohol and pig meat, he shall be degraded from his caste and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west, irrespective of the number of men she has committed adultery with [before]. Cooked rice from the hands of such a culprit shall not be accepted. Water may be accepted; he shall be granted expiation for water only. Such culprits shall become [members] of a Non-enslavable Śūdra caste.

 4. If someone belonging to a Sacred Thread-wearing caste, including an Upādhyāya Brahmin, commits incest with a woman who has run off with another man without remaining faithful to her husband, and who is not the sister whom his father himself has begotten, or his daughter whom he himself has begotten, [and who is] his paternal aunt fathered by the same grandfather, or a cousin-sister whom his paternal uncle has begotten, or a daughter of his brother who is begotten by the same father, or a granddaughter whom his son himself has begotten, or a granddaughter whom his daughter himself has begotten, any niece whom his full sister has born, or any daughter of his cousin-brother who is born from his paternal uncle, or a grandmother who gave birth to his father or mother, any full maternal aunt, mother-in-law who gave birth to his ritually married wife, a female guru who gave him the initiatory mantra, or any female disciple whom he gave the initiatory mantra, then such a culprit's share of property shall, in accordance with the *Ain*, be confiscated, his Sacred Thread shall be removed, he shall be degraded from his caste and shall be granted expiation for water only after separating [the culprits] from each other, irrespective of the number of men she has committed adultery with [before]. Cooked rice from their hands shall not be accepted.

 5. If someone belonging to a Sacred Thread-wearing caste, including an Upādhyāya Brahmin, commits incest with a woman who has run off with another man without remaining faithful to her husband and who is not his natural mother, [but] is the co-wife of his father, who bears the right to kill his wife's paramour, or the wife of his guru who gave him the initiatory mantra, or a maternal aunt who is not the full sister of his mother, a grandmother-in-law who gave birth to his father-in-law or mother-in-law or a co-wife of his father-in-law, who bears the right to kill his wife's paramour, and if he has consumed cooked rice from her hands and has also contaminated his fellow caste members through cooked rice after the incest, such a culprit's share of property shall, in accordance with the *Ain*, be confiscated, he shall be degraded from his caste,

499 *bhuḍi*, read *muḍi* (MA2).

#### 122. On Incest by a Member of a Sacred Thread-wearing Caste

he shall be deprived of the right to consume cooked rice together with his fellow caste members and shall be set free. Cooked rice from the hands of such a person shall not be acceptable. If he has not contaminated [his fellow caste members] through cooked rice, he shall be fined 100 rupees and they shall be separated from each other. They shall not lose their caste status.

 6.  If such a woman has no husband, or her husband does not kill his wife's paramour, such [an incestuous man]—if he has consumed cooked rice from the hands of that woman and has also contaminated his fellow caste members through cooked rice after the incest—shall be fined 120 rupees and be deprived of the right to consume cooked rice together with his fellow caste members, because it is a heinous crime (*rājakhata*). If he has not consumed cooked rice from her hands, he shall be fined 40 rupees. If he has committed incest with such a woman as her fourth [sexual] partner, he shall be fined 30 rupees. If he has committed incest with her as her fifth [sexual] partner or more, he shall be fined 15 rupees and they shall be separated from each other, irrespective of the number of other men with whom she had illicit sexual intercourse [before].

 7.  If such a woman has no husband or her husband does not kill his wife's paramour, such [an incestuous man] shall be fined 120 rupees and be deprived of the right to consume cooked rice together with his fellow caste members, if he has consumed cooked rice from the hands of that woman and has also contaminated his fellow caste members through cooked rice after the incest. If he has not consumed cooked rice from her hands, he shall be fined 40 rupees, because it is a *rājakhata*. If he has committed incest with such a woman as her fourth [sexual] partner, he shall be fined 15 rupees. If he has committed incest with her as her fifth sexual partner or more, he shall be fined 10 rupees and they shall be separated from each other, irrespective of the number of other men with whom she had illicit sexual intercourse [before].

 8. If someone belonging to a Sacred Thread-wearing caste, including an Upādhyāya Brahmin, commits incest with a woman as her third [sexual] partner who has run off with another man without remaining faithful to her husband, and is his daughter, paternal aunt, grandmother, sister, niece and granddaughter or great-granddaughter from his family within his blood relations, who shares a common ancestor with him from above 14 generations up to 21 generations back, and if such a woman has a husband bearing the right to kill his wife's paramour, it shall be the husband's decision [whether he kills his wife's paramour or not]. If such a woman has no husband or her husband does not kill his wife's paramour, such [an incestuous man] shall be fined 120 rupees and be deprived of the right to consume cooked rice together with his fellow caste members, if he has consumed cooked rice from the hands of that woman and has also contaminated his fellow caste members through cooked rice after the incest. If he has not consumed cooked rice from her hands, he shall be fined 20 rupees, because it is a *rājakhata*.  If he has committed incest with her as her fifth sexual partner or more, he shall be fined 5 rupees and they shall be separated from each other, irrespective of the number of other men with whom she had illicit sexual intercourse [before]. If he commits incest with such a woman, who shares a common ancestor with him more than 21 generations back and who has committed adultery with another man without remaining faithful to her husband, he shall not be held accountable for committing a *rājakhata*.

 9. If someone belonging to a Sacred Thread-wearing caste, including Upādhyāya Brahmin, commits incest, as her third [sexual] partner, with a woman who has run off with another man without remaining faithful to her husband, and who is [a] a wife of a member of his family, sharing a common ancestor with him up to 7 generations back, and who has been brought [into the household] by ritual marriage or by worshipping oil lamp (*diyo*) and water vessel (*kalaśa*) [only] or who has been taken as a mistress by [a member of his family] after committing adultery with her, or who, being either an unmarried or widowed woman, was taken as a concubine by his maternal uncle, grandfather, brother, nephew, son or grandson, or who is [b] the wife of his maternal uncle, or [c] the wife of his nephew, the son of his sister, and if under the condition that the culprit has had illicit sexual intercourse with her, being aware that she had committed adultery with somebody else, he has not consumed cooked rice from her hands after the incest, and if such a woman has a husband bearing the right to kill his wife's paramour, it shall, in accordance with the *Ain*, be the husband's decision [whether he kills his wife's paramour or not].  If he has consumed cooked rice from the hands of that woman and has also contaminated his fellow caste members through cooked rice [after the incest], he shall be fined 120 rupees and be set free, after being deprived of the right to consume cooked rice together with his fellow caste members. If he has committed incest with such a woman as her fourth [sexual] partner, he shall be fined 15 rupees. If he has committed incest with her as her fifth [sexual] partner or more, he shall be fined 10 rupees and they shall be separated from each other, irrespective of the number of other men with whom she had illicit sexual intercourse [before].

 10.  On Incest by a Member of a Sacred Thread-wearing Caste

sharing with him a common ancestor from 7 generations up to 14 generations back—a wife who [a] has been brought [into the household] by ritual marriage or by worshiping *diyo* and *kalaśa* [only] or [b] who has been taken as a mistress by [a member of his family] after committing adultery with her, or [c] who, being an unmarried or widowed woman, was taken as a concubine [by a family member] and who has committed adultery with another man without remaining faithful to her husband, and if such a woman has a husband bearing the right to kill his wife's paramour, it shall, in accordance with the *Ain*, be the husband's decision [whether he kills his wife's paramour or not]. If such a woman has no husband, and if he has consumed cooked rice from the hands of that woman and has also contaminated his fellow caste members through cooked rice after the incest, he shall be fined 120 rupees and be deprived of the right to consume cooked rice together with his fellow caste members. If he has not consumed cooked rice from her hands, he shall be fined 15 rupees, because it is a *rājakhata*. If he has committed incest with such a woman as her fourth [sexual] partner, he shall be fined 10 rupees. If he has committed incest with her as her fifth sexual partner, he shall be fined 5 rupees and they shall be separated from each other. If he has illicit sexual intercourse with such a woman who shares a common ancestor with him more than 14 generations back, and who has run off with another man without remaining faithful to her husband, he shall not be held accountable for committing a *rājakhata*.

## 123. On [Incest] by a Member of a Non-enslavable [Alcohol-drinking Caste with a Relative Who Has Become a Common Woman]

1. If someone belonging to a Non-enslavable Alcohol-drinking caste commits incest with his sister, whom his father himself has begotten, or with his daughter whom he himself has begotten, and who, being unfaithful to her husband, has committed adultery with another man, such a culprit's share of property shall, in accordance with the *Ain*, be confiscated—irrespective of after whatever number [of other men] he has sexual intercourse with her, his head shall be shaved, he shall be fed dog meat, he shall be deprived of the right to consume cooked rice together with his fellow caste members, and he shall be chased away across the river towards the west, if he comes from the east, or towards the east, if he comes from the west. Cooked rice from the hands of such a person shall not be accepted. Water may be accepted [from his hands]; he shall be granted expiation with respect to water only. Such [culprits] become members of Enslavable Bhoṭe castes.

2. If someone belonging to a Non-enslavable Alcohol-drinking caste commits incest with a woman from his blood relations with whom he shares a common ancestor up to 4 generations back, and who, being unfaithful to her husband, has committed adultery [before] with another man and who is the paternal grand-aunt, paternal aunt, sister, or grandmother who gave birth to his father or mother, or mother-in-law who gave birth to his wife, or maternal aunt who is the full sister of his mother, or the female guru who gave him the initiatory mantra, and if such [an incestuous woman] has a husband bearing the right to kill his wife's paramour, it shall be this husband's decision [whether he kills his wife's paramour or not], irrespective of the number of men with whom she had committed adultery [before]. If such a woman has no husband or her husband does not kill his wife's paramour, such [an incestuous man's] share of property shall, in accordance with the *Ain*, be confiscated, he shall be imprisoned for 1 year and he shall be degraded to a caste of Bhoṭes, after he has been deprived of the right to consume cooked rice together with his fellow caste members. If he pays four times the amount in lieu of his prison term, it shall be accepted. Cooked rice from the hands of such a person shall not be accepted. Water may be accepted [from his hands]; he shall be granted expiation with respect to water only and the [incestuous couple] shall be separated from each other.

3.   If she has no husband or her aggrieved husband does not kill his wife's paramour, the latter shall be fined 60 rupees, because it is a heinous crime (*rājakhata*). If he has committed incest with such a woman as her fourth [sexual] partner, he shall be fined 30 rupees. If he has committed incest with her as her fifth sexual partner or more, he shall be fined 15 rupees and they shall be separated from each other, irrespective of whatever numbers of other men she had illicit sexual intercourse with [before]. They shall shall not lose their caste status.

4.    If he has committed incest as her fifth sexual partner or more, he shall be fined 10 rupees and they shall be separated from each other, irrespective of the number of other men with whom she had illicit sexual intercourse.

5.    If he has committed incest with her as her fifth sexual partner or more, he shall be fined 5 rupees and they shall be separated from each other, irrespective of the number of other men with whom she had illicit sexual intercourse

500 *lognyā rahecha bhanyā*, read *lognyā rahenacha bhanyā* (MA2).

before. If he has sexual intercourse with such a woman, who shares with him a common ancestor up to 14 generations back, and who has committed adultery with another man without remaining faithful to her husband, such a person shall not be held accountable.

6.    If he has committed incest with her as her fifth sexual partner or a further one, he shall be fined 2½ rupees and they shall be separated from each other, irrespective of whatever number of other men with whom she had illicit sexual intercourse before.

7. If someone belonging to a Non-enslavable Alcohol-drinking caste commits, as her third sexual partner, incest with the wife of a male member of his family, sharing with him a common ancestor from 7 generations up to 14 generations back, and bearing the right to kill his wife's paramour, the wife having been brought [into the household] by ritual marriage or by worshipping *diyo* and *kalaśa* [only], or who has been taken as a mistress by [a member of his family] after committing adultery with her, or who, being an unmarried or widowed woman, was taken as a concubine, and who has committed adultery with another man without remaining faithful to her husband, and if such a woman has a husband belonging to a caste whose male members have the right to kill their wives' paramour, it shall, in accordance with the *Ain*, be her aggrieved husband's decision [whether he kills his wife's paramour].   If he has committed incest with her as her fifth or more sexual partner, he shall not be held accountable. If he has illicit sexual intercourse with such a woman, who shares with him a common ancestor more than 14 generations back, and who has run off with another man without remaining faithful to her husband, he shall not be held accountable for committing a *rājakhata*.

## 124. On [Incest] by a Member of an Enslavable [Alcohol-drinking Caste with a Relative Who Has Become a Common Woman]

1.  If such a woman, who has let him commit incest with her, belongs to a Non-enslavable caste, she shall become a common woman. If she belongs to an Enslavable caste, she shall be enslaved.

2.  If she has no husband or her aggrieved husband does not kill his wife's paramour, the culprit shall be fined 20 rupees, because it is a heinous crime (*rājakhata*).  If he has committed incest with her as her fifth sexual partner or beyond, he shall be fined 15 rupees if he belongs to a caste whose members have always borne the right to kill their wives' paramours, and they shall be separated from each other, irrespective of the number of other men with whom she had illicit sexual intercourse before. They shall not lose their caste status.

3. If someone belonging to an Enslavable Alcohol-drinking caste commits, as her third [sexual] partner, incest with a woman who has run off with another man without remaining faithful to her husband, and who is the daughter, paternal aunt, grandmother, sister, granddaughter or great granddaughter of one or more of the male members of his family (*dājyūbhāi*) within his blood relations, [such as], paternal uncles, grandfathers, sons or nephews sharing with him a common ancestor from 4 generations up to 7 generations back, and if such a woman has a husband belonging to a caste whose members have always borne the right to kill their wives' paramours, it shall, in accordance with the *Ain*, be her aggrieved husband's decision [whether he kills his wife's paramour].   If he has committed incest as her fifth sexual partner or beyond, he shall be fined 10 rupees and they shall be separated from each other, irrespective of whatever numbers of other men with whom she had illicit sexual intercourse before him. If he has sexual intercourse with such a woman, who shares with him a common ancestor more than 7 generations back, and who has run off with another man without remaining faithful to her husband, he shall not be held accountable for committing a *rājakhata*.

4.   If he has committed incest with such a woman as her fourth [sexual] partner, he shall be fined 10 rupees. If he has committed incest with her as her fifth sexual partner or beyond, he shall be fined 5 rupees and they shall be separated from each other, irrespective of whatever numbers of other men with whom she had illicit sexual intercourse before him. If he has sexual intercourse with such a woman, who shares with him a common ancestor more than 7 generations back, and who has run off with another man without remaining faithful to her husband, he shall not be held accountable for committing a *rājakhata*.

5. If someone belonging to a Sacred Thread-wearing, Non-Enslavable Alcohol-drinking, Enslavable Alcohol-drinking, Water-unacceptable but Touchable or an Untouchable caste, excluding Limbu and Kirāti castes, commits incest with his co-mother who has entered into marriage with his father, or who has been taken by his father as a paramour, or who, being an unmarried or widowed woman, was taken as a concubine by his father, and if his father bears the right to kill his

501 A simplified type of marriage based on use of the lamp and water vessel representing Gaṇeśa.

#### 124. On [Incest] by a Member of an Enslavable

wife's paramour, and if the culprit committed incest with such a woman while being unaware that she had committed adultery with somebody else [before], his share of property shall, in accordance with the *Ain*, be confiscated, and [such an incestuous] man and woman shall be separated from each other. Cooked rice from the hands of such [a culprit] shall not be acceptable. Water may be accepted; he shall be granted expiation with respect to water only. If such [a culprit] again commits incest [with his co-mother] after they have been separated, he shall be fined 10 rupees for each time he commits incest with her and they shall be [again] separated from each other.

## 125. On [Incest] by a Member of a Waterunacceptable Caste [with a Relative Who Has Become a Common Woman]

 1. If someone belonging to any of the Water-unacceptable, but Touchable or Waterunacceptable and Untouchable castes, excluding Muslims, commits incest with a woman from his blood relations who shares with him a common ancestor up to 4 generations back, and who, being unfaithful to her husband, has run off with another man, and who is one of the following: the daughter, paternal aunt, grandmother, sister, niece, granddaughter or great-granddaughter of a male member of his family (*dājyūbhāi*), [such as] parental uncles, grandfathers, sons or grandsons, or a niece who is the daughter of his full-sisters, the grandmother who gave birth to his father or mother, a maternal aunt who is the full sister of his mother, the mother-in-law who gave birth to his wife or the female guru who gave him the initiatory mantra, both such an incestuous man and woman shall be enslaved, irrespective of whatever number of other men with whom she had committed adultery before.

2.  If she has no husband or her aggrieved husband does not kill his wife's paramour, he shall be fined 15 rupees, because it is a heinous crime (*rājakhata*).  If he has committed incest with her as her fifth sexual partner or beyond, he shall be fined 5 rupees, and they shall be separated from each other, irrespective of whatever numbers of other men with whom she had illicit sexual intercourse before.

3. If someone belonging to a Water-unacceptable, but Touchable or Water-unacceptable and Untouchable caste, excluding Muslims, commits, as her third sexual partner, incest with a woman who has run off with another man without remaining faithful to her husband, and who is the daughter, paternal aunt, grandmother, sister, granddaughter, or great-granddaughter

#### 125.    If he has committed incest with her as her fifth [sexual] partner or beyond, he shall be fined 2½ rupees and they shall be separated from each other, irrespective of whatever number of other men with whom she had illicit sexual intercourse before. If he has sexual intercourse with such a woman, who shares with him a common ancestor more than 7 generations back, and who has not remained faithful to her husband, he shall not be held accountable of committing a *rājakhata*.

4.   If he has committed incest with such a woman as her fourth [sexual] partner, he shall be fined 10 rupees. If he has committed incest with her as her fifth [sexual] partner or beyond, he shall be fined 5 rupees and they shall be separated from each other, irrespective of whatever numbers of other men with whom she had illicit sexual intercourse [before]. If he has sexual intercourse with such a woman, who shares with him a common ancestor more than 7 generations back, and who has run off with another man without remaining faithful to her husband, he shall not be held accountable for committing a *rājakhata*.

 5.

1. If a Brahmin priest has consensual sexual intercourse with an unmarried girl or widow who is past the age of 12 and belongs to the household of his sacrificial patron (*yajamāna*) where he works as the main priest to perform sacrifices and rituals (*jajamānī*), such [a priest] shall be imprisoned for 3 years and [then] be set free. If he pays four times the fine in lieu of his prison term, it shall be accepted.

2. If there has been sexual intercourse between the son or daughter of a woman, a child fathered by her [ritually] married husband, and the son or daughter of that same woman, a child to whom she gave birth after running off with another man, then, if the sexual intercourse has taken place between her children who are born from her womb [but with different fathers], [her incestuous son's] share of property shall, in accordance with the *Ain*, be confiscated and he—if he belongs to a Sacred Thread-wearing caste—shall be degraded from his caste status and shall be placed in a Non-enslavable Alcohol-drinking caste after having had his Sacred Thread removed and having fed him liquor and pig meat; if he belongs to a Non-enslavable Alcohol-drinking caste, he shall be placed in an Enslavable Alcohol-drinking caste, and if he belongs to an Enslavable caste, both such a man and such a woman shall be enslaved. If there has been sexual intercourse between the children [of a woman, who are fathered by her ritually married husband and the children fathered by her second husband with his co-wife], but not between the children [born from such a woman to different husbands], no person shall be held accountable.

3.  If an adopted son—who has been adopted by his adoptive father from another *gotra*, who is not related by blood or who has been abandoned [by his natural parents] and is found and brought up by his adoptive father—has sexual intercourse with the wife or daughter of his adoptive father, or if such an adoptive father has sexual intercourse with the wife of his adopted son, [the offender] shall be punished by *dāmala* after his share of property has been confiscated, in accordance with the *Ain*.   If he has sexual intercourse with an unmarried girl or widowed woman, he shall be punished according to the *Ain* laid down for the case when someone has illicit sexual intercourse with an unmarried girl or widowed woman who is not his relative.

4.  If he has not consumed cooked rice from her hands after the sexual intercourse, but has contaminated [his fellow caste members] through that woman, he shall be fined 25 rupees; he shall not lose his caste status. Someone who unwittingly consumes [cooked rice from the hands of that woman] shall be granted expiation (*patiyā*). If he has neither contaminated his fellow caste members through cooked rice, nor done so through that woman after the sexual intercourse, he shall be fined 20 rupees and they shall be separated from each other. He shall not lose his caste status.  If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

5. If someone belonging to an Enslavable, Water-unacceptable or Untouchable caste has illicit sexual intercourse with his stepdaughter who was born from his concubine wife to her former husband, [such an offender] shall be fined 15 rupees, if he belongs to a Water-acceptable but Enslavable caste; if he belongs to a Water-unacceptable [but Touchable] or Untouchable caste, he shall be fined 10 rupees, and they shall be separated from each other. [Such an offender] shall not lose his caste status.

6. If a creditor or landlord has sexual intercourse with the daughter, daughter-in-law or wife of his debtor or tenant, he shall not be allowed to collect the debt in question or the standing crops. [Such a creditor's or landlord's] debt shall be nullified.  [The offender] shall be shaved if he belongs to a caste whose members are to be shaved in lieu of execution, or his [property] shall be confiscated if his [property] is to be

confiscated, or he shall be fined or imprisoned if the law requires him to be fined or imprisoned, or he shall be fined after making him compensate [her aggrieved husband] for the marriage expenses, if the law requires him to be fined after making him compensate [her aggrieved husband] for the marriage expenses.

7.  If such [a person] commits any other crime, he—if he is a Khavāsa who entered [the royal service] or an emancipated Khavāsa—shall be punished equal to someone who belongs to a Non-enslavable Alcohol-drinking caste; if he is a Khavāsa in servitude, he shall be punished equal to someone who belongs to an Enslavable Alcohol-drinking caste.

8. If someone belonging to any Sacred Thread-wearing caste commits incest with a wife of his father, grandfather, brothers, sons or grandsons, who was an unmarried girl [before] and was made their concubine or was taken as a wife by them being her paramour, their share of property, in accordance with the *Ain*, shall be confiscated, their Sacred Thread shall be removed, they shall be degraded in caste and shall be placed in a Non-enslavable Śūdra caste. If [the offender] belongs to a Non-enslavable Alcohol-drinking caste, his share of property shall be confiscated and he shall be placed in an Enslavable Parjā caste. [The offender] who belongs to any Enslavable caste shall be enslaved.

9. If someone has illicit sexual intercourse with the queen of an enthroned king or the wife of a prince who is a rightful claimant to the throne, or with the wife of a guru who gave a king or queen the initiatory mantra, or with a female guru who gave him the initiatory mantra, [the offender]—irrespective of whether the woman is married or widowed—shall be punished by *dāmala* after his share of property has been confiscated, in accordance with the *Ain*, if he belongs to a caste whose members are to be shaved in lieu of execution. If [such a suspect] belongs to a caste whose members may be sentenced to death, he shall be executed.

10. Regarding the regulation which grants someone expiation with respect to water after he is punished for committing incest with [a woman] from his blood relations—but excluding the matter of illicit sexual intercourse among the Water-unacceptable or Untouchable castes—if such [an incestuous] man obtains expiation for water, the woman who let this man of her blood relations commit incest with her shall also be granted expiation for water. With regard to [the regulations] laid down which state that expiation is not to be granted to [an incestuous man], the woman shall [also] not obtain expiation [for water], if she belongs to a Non-enslavable caste. [However] water from the hands of such a woman shall be acceptable after she becomes a common woman. If she belongs to an Enslavable caste, she shall be enslaved and be granted expiation for water. Water shall be acceptable [from her hands].

11. If someone belonging to a Sacred Thread-wearing caste has illicit sexual intercourse with the daughter, daughter-in-law or wife of his master's house where he has been working as a domestic servant, and she belongs to a Sacred Thread-wearing caste and is past the age of 11, he shall be imprisoned for 3 years. If [the offender] belongs to a Non-enslavable Alcohol-drinking caste, he shall be imprisoned for 4 years. If he belongs to an Enslavable Alcohol-drinking caste, he shall be imprisoned for 3 years and shall be enslaved. If [such an offender] pays double the amount in lieu of his prison term, it shall be accepted.

12. If someone belonging to a Sacred Thread-wearing or Non-enslavable Alcohol-drinking caste has illicit sexual intercourse with the daughter, daughter-in-law or wife of his master's house where he has been working as a domestic servant, and she belongs to a Non-enslavable Alcohol-drinking caste and is past the age of 11, he shall be imprisoned for 1½ years. If [the offender] belongs to an Enslavable Alcohol-drinking caste, he shall be imprisoned for 2 years and shall be enslaved. If [such an offender] pays double the amount in lieu of his prison term, it shall be accepted.

13. If someone belonging to a Sacred Thread-wearing, a Non-enslavable Alcohol-drinking or an Enslavable Alcohol-drinking caste has illicit sexual intercourse with the daughter, daughterin-law or wife of his master's house where he has been working as a domestic servant, and she belongs to an Enslavable Alcohol-drinking caste and she is past the age of 11, he shall be imprisoned for 9 months. If [such an offender] pays double the amount in lieu of his prison term, it shall be accepted.

14. If someone has illicit sexual intercourse with [a woman] from his fictive kinship (*mīteri sanahe*),502 and if the woman is married, it shall, in accordance with the *Ain*, be the decision of her aggrieved husband [as to whether he kills his wife's paramour or not]. If the woman is widowed or unmarried, [the offender] shall be punished in accordance with the *Ain*, applicable to someone who has illicit sexual intercourse with a woman who is not from his kin. If [someone has illicit sexual intercourse with a woman] from his fictive kinship, he shall not be held accountable for committing a heinous crime (*rājakhata*).

15. If suspicion of illicit sexual intercourse by the guru of a king with the queen, daughter-inlaw or daughter of the king arises, and if, upon investigation, it is confirmed to be true, a confession [from such a guru] shall be obtained in written form and he shall be exiled from the country, after his share of property which he is entitled to receive has been confiscated in accordance with the

502 This term *mīterī sanahe* refers to a form of kinship or social ties that are based on neither consanguineal nor affinal ties. This term has been often translated into English as 'fictive kinship' by anthropologists and ethnographers (for example see, Messerschmidt 1982). According to Messerschmidt (1982: 5), such systems of fictive or ritual kinship and ceremonial or bonded friendship 'are often modelled on real kin ties and tend to link individuals'. Although the degree of considering 'fictive kin' as real kin varies from one caste group to another in contemporary Nepal, it is clear from this provision of the *Ain* that it does not consider fictive kinship to be real kinship.

*Ain* and after his head has been shaved, irrespective of whether the woman is married, widowed or unmarried. The offspring of such [an offender] shall not be appointed as [royal] guru.

16.  If [such a person] commits incest with the woman of another relative with the exception of those [above mentioned], both [offenders], the man who committed incest and the woman who let him commit incest with her, shall be fined 15 and 12 rupees, respectively. If they do not pay the amount of the fine, they shall, in accordance with the *Ain*, be imprisoned.

17. If someone has illicit sexual intercourse with the mother-in-law of his son or daughter whom he himself has begotten, and if she is married, it shall, in accordance with the *Ain*, be the decision of her aggrieved husband [as to whether or he kills his wife's paramour or not]. If such a woman is married or widowed and belongs to a caste whose members do not bear the right to kill their wives' paramours, and if [the offender] has not contaminated his fellow caste members through cooked rice after the illicit sexual intercourse, no fault shall be assigned. If he has contaminated his fellow caste members through cooked rice after the illicit sexual intercourse, such [an offender]—if he is a Brahmin—shall be fined 100 rupees. If he belongs to a Rajapūta, a Sacred Thread-wearing, Non-enslavable Alcohol-drinking caste or a Water-acceptable or -unacceptable caste who may be enslaved, he shall be fined 60, 50, 20 and 5 rupees, respectively. If [the offender] does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned. If [such an offender] rapes [such a woman], he shall, in accordance with the *Ain*'s [Art. 132–133] 'On Rape', be punished.

## 127. A Foetus of a Common Woman

1. If someone goes to a common woman, and if she becomes pregnant in the same month he went to her, and if she comes to complain within a 35 days' deadline after the baby is born, stating that it is his sperm and he should perform the naming ritual, and if she did not have illicit sexual intercourse with any other man after she became pregnant, the man shall perform the naming ritual and he shall also give [the child] a share of his property at the rate of 2½ rupees per 100. If he ascertains that she has had illicit sexual relations with another man after she became pregnant and makes him confess, [the child] shall be considered the son of a common woman. The mother herself shall perform the naming ritual [for the newborn]. She shall not be allowed to insist that [the child] is the sperm of that man. Such children shall not receive any share of the property. They shall, in accordance with the *Ain*, only receive the ordinary belongings (*ālamāla*) of their mother.

2. If a woman who has let 2–4 men have illicit sexual intercourse with her gives birth to a son or daughter, and if she points at one of them, stating that this is his child, and if the man comes to complain at an *adālata*, *ṭhānā* or *amāla* office that this is not his sperm, and while considering the day and month of their illicit sexual intercourse and [when] the child was born, if it is born in the tenth month after the illicit sexual intercourse, the baby shall be considered to belong to this man. If it is born before or after the tenth month, it shall not be considered to belong to him. The woman shall not be allowed to insist that it is his child. In such cases, if someone comes to complain within 35 days from the day the child is born, the complaint shall be heard and judgement shall be delivered. If someone comes to complain after 35 days, it shall not be heard. Such offspring shall be considered children of a common woman and the naming ritual shall be performed by the mother. They shall also receive their share of property from the mother in accordance with the *Ain*.

3. If an unmarried girl, a common woman, a maid, a woman of loose character or a female bondservant has let a man have illicit sexual intercourse with her, and if she has become pregnant from him, and if she, in such a situation, has let another man have illicit sexual intercourse with her and she has given birth to a child, and if she comes to take hold of [the first] man, stating that it is his offspring, and if he points at another man and is able to get a confession from that man, although the woman had become pregnant by the first man, the offspring shall not be considered his. He shall not perform the naming and rice feeding rituals for such offspring and he shall not give them a share of his property. He shall have no obligation. The offspring shall be considered the son of a common woman, the naming and rice feeding rituals shall be performed by the mother, and the offspring shall receive their share of property from their mother in accordance with the *Ain*.

4. If someone has kept a maid, a woman of loose character, a common woman or a female bondservant, and if she has become pregnant, and if she has not let any other man have illicit sexual intercourse with her after she became pregnant, and if the man, after a son or daughter is born, comes to complain at an *adālata*, *ṭhānā* or *amāla* that he or she is not his offspring, and if it is ascertained that the child was born in the tenth month from the day of the illicit sexual intercourse, he shall be considered the father of such a child. If someone comes to complain about the offspring born of his sperm, saying that it is not his, he shall be fined 10 rupees, irrespective of whatever caste he belongs to. Such a father shall do whatever, according to the caste's customs, has to be done, such as the naming or rice feeding rituals, and the offspring shall, in accordance with the *Ain*, receive a share of property from him.

5. If a woman has 2–3 husbands, and if she gives birth to a son or daughter, and if two fathers quarrel and come to complain at an *adālata*, *ṭhānā* or *amāla*, stating 'the son or daughter is not mine but yours', the offspring shall be considered to be of that father about whom the woman says that [the offspring] was born of his sperm, after she is brought [to the office] and questioned.

 6. If a married woman of someone from the Four Varṇas and Thirty-six castes, [such as] Brahmins, Rajapūta, Kṣatriya, Vaiśya or Śūdra has become pregnant from her ritually married husband, and if she has illicit sexual intercourse with another man, the foetus in her womb shall not become pure. It shall belong to the caste [of the man] with whom she has had illicit sexual intercourse. For example, if a drop of alcohol goes into a milk vessel, the entire milk becomes impure. Similarly, although the sperm is of a ritually married husband, the foetus shall be considered of the one with whom she has illicit sexual intercourse. Such offspring shall not be allowed to claim a share of property from [his natural] father or [elder] brothers, on the grounds that he is sperm of the man who has ritually married [his mother]. The offspring shall be considered the children of a common woman. Also, the naming and rice feeding rituals shall be performed by the mother. They too shall receive a share of property from their mother in accordance with the *Ain.*

## 128. Sexual Intercourse with Female Litigants

1. If someone belonging to an Enslavable caste is appointed as an *amālī* or *dvāre* at an administrative subdivision (*thuma*) or a province (*khuvā*), and if a woman belonging to an Enslavable caste comes to a *kacaharī* [office to lodge a complaint] regarding a dispute [she had with someone else], and if the *amālī* [or *dvāre*] has illicit sexual intercourse with her after deciding the case, such an *amālī* or *dvāre* shall be enslaved.

2. If a *ṭheka* or *ijārā* holder, or a local official (*amālā*) who has not been assigned land for his emolument, has illicit sexual intercourse with a married or unmarried woman who has come [to the local office] to lodge a complaint, or has been brought there because she is accused of committing a crime, such [an official] shall, in accordance with the *Ain*, be punished and be dismissed from his duty. If [such a woman with whom] he had illicit sexual intercourse is a common woman or a servant, he shall be fined 20 rupees and, after having collected [the amount] for the *ijārā* contract [assigned to him] for the current year as per contract, he shall be dismissed from [his duty] for the following year, once his current contract comes to an end.

3. If [a government officer, such as] a *hākima*, *mālika*, *ḍiṭṭhā* or *bicārī* of an *adālata* or *ṭhānā* office, or an *amālī* or *dvāre* of an *amāla* office or similar, does not decide on a dispute [involving] a married, widowed or unmarried woman who has been imprisoned at the *adālata*, *ṭhānā* or *amāla* for her crime, or who has been detained by the bailiff, or who has been released on bail, [but rather] has illicit sexual intercourse with her, he shall, in accordance with the respective *Ain*, be punished and be dismissed from his duty, and he shall be forbidden (*thunnu*) to harvest the ripe standing crops [on the land assigned to him]. If he has illicit sexual intercourse with a woman who is a common woman or a servant and has been imprisoned for her crime, he shall be dismissed from his duty, and he shall be forbidden to harvest the ripe standing crops, no matter whether he is the *hākima* of the respective [government office] or a *dvāre* or an *amālī* of the respective *amāla*.

4. If a prison guard has illicit sexual intercourse with a woman who has, in accordance with the *Ain*, been imprisoned for committing a crime punishable by *dāmala*, and if the woman's caste status was degraded after she was branded with a letter [of name of the caste to which she has been degraded on her left cheek], such [a guard], who wittingly had illicit sexual intercourse with her, shall be dismissed from his employment and shall be set free after having him placed in the caste of that woman. He shall not be granted expiation (*patiyā*). If such a woman's caste status was not reduced and the first letter [of her caste name] was not branded [on her left cheek], [the offender] who had illicit sexual intercourse with her, shall be dismissed from his employment and shall be fined 100 rupees, if the woman belongs to a caste which is higher than his caste; he shall be fined 50 and 25 rupees, respectively, if the woman belongs to a caste equal to or lower than his caste. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned. The offender shall retain his caste status. He shall not require expiation.

5. If someone, excluding a prison guard, wittingly has illicit sexual intercourse with a woman who has, in accordance with the *Ain*, been [punished] by *dāmala* and accordingly has been imprisoned, and if the woman's caste was reduced after she was branded with a letter [on her left cheek], such [a man] who had illicit sexual intercourse with her shall be set free, after he has been placed in the caste of that woman. He shall not be granted expiation. If such a woman's caste status was not reduced and no letter was branded [on her cheek], [the man] who had illicit sexual intercourse with her shall be fined 100 rupees, if the woman belongs to a caste which is higher than his caste; he shall be fined 50 and 25 rupees, respectively, if the woman belongs to a caste equal to or lower than his caste. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned. The offender shall retain his caste status. He shall not require expiation. If he, under deception, had illicit sexual intercourse with that woman, he shall not have to be fined, and he shall be granted expiation for the unwitting contamination.

6. If a prison guard or a bailiff has illicit sexual intercourse with a woman who is in prison because of her crime, or with a woman who is under detention, or who has been brought [to the prison] by sending bailiffs, he shall be punished according to what is laid down in the *Ain* for the respective castes, depending on his caste and that of the married, widowed or unmarried woman with whom he had illicit sexual intercourse, and he shall be dismissed from his employment and forbidden to harvest his standing crops [on the land assigned to him].

7. If any government official of an *adālata* or *amāla*, [such as] the *hākima*, *ḍiṭṭhā*, *bicārī*, *pagarī*, *huddā*, *sipāhī*, *amālī*, *dvāre*, *mahāne* or similar—who has been assigned land for his emolument, but the standing crops [on the land] are still unripe—has illicit sexual intercourse with a woman who is under detention or who has been brought [to the prison] by sending bailiffs, [such an offender] shall be fined, punished or imprisoned according to what is laid down in the *Ain* for the respective castes, depending on his caste and that of the married, widowed or unmarried woman with whom he had illicit sexual intercourse, and he shall be fined an amount which equals the value of the standing crops [of the land] which is assigned to him as his emolument (*raibandī*)

503 This refers to the situation in which the suspect has illicit sexual intercourse with that imprisoned woman without being aware that her caste status was degraded.

128. Sexual Intercourse with Female Litigants

upon his appointment.

8. If someone who is imprisoned in a jail has illicit sexual intercourse with a man or woman who is also imprisoned in that jail, and if they need to be punished in accordance with the regulations in the *Ain* applicable to someone who has illicit sexual intercourse with a person belonging to a caste lower or higher than his or her caste, both the man and woman shall be punished [accordingly] and be fined 10 rupees each.

## 129. On Keeping Slave Women as Wives

1. If [a master]—belonging to a Sacred Thread-wearing caste having the right to kill their wives' paramours—keeps an unmarried slave girl as a wife, and if he has informed [his household] about it at his house, and if he has emancipated her, and if his direct son, nephew, uncle,504 brother or any other person has illicit sexual intercourse with her, [the aggrieved husband ]—irrespective of whether any offspring has been born to her by him or not—shall not be permitted to kill his wife's paramour. The aggrieved husband of such a slave woman shall be allowed, at his own will, [to decide] whether he, in accordance with the *Ain*, removes [the paramour's] Sacred Thread and confiscates his share of property, or he lets [the culprit] go. If [the master] has kept the slave woman as a wife and has not emancipated her, and if she has still been doing the tasks assigned to her [as a slave], [the culprit] shall not be held accountable, even if he is [a blood relative of her master traceable back to] within the 3rd generation.

2. If [a master] has kept an unmarried slave girl of his own household [as a wife], and if he has had offspring born [to her], he shall not be permitted to sell the slave. If he sells, the seller shall be made to return the original amount to the buyer.  The seller shall be fined according to the amount in question. If the amount of the fine is not paid, he shall, in accordance with the *Ain,* be imprisoned.

3. If [a master] has kept an unmarried slave girl of his own house as a wife, and if he has not emancipated her, and if such a wife runs off with another man, [the master] shall not be permitted to sell her.  [The master] shall be allowed to take compensation of 300 rupees from the person with whom she has run off. An *adālata* or *amāla* office shall charge 10 percent [of the total amount as a court fee] and shall hand [the remaining amount] over to [the master]. The master shall not sell his offspring born to such wife and receive money [for it]. If he has sold [any], the seller shall be made to issue a loan agreement without security (*kapālī tamasuka*) to the buyer for the paid price. The seller shall be fined in accordance with the amount in question paid. If the buyer knows that [the child] is the son or daughter of such and such a person and buys him or her, the amount paid by him shall be confiscated.

4. If [a master] has kept a slave girl as a wife who has [previously] had illicit sexual intercourse with someone else, and if the former has offspring born to her, and if such a slave woman

504 *sākṣāt chorā bhatijākā*, read *sākṣāta chorā bhatijā kākā* (MA2).

#### 129. On Keeping Slave Women as Wives

runs off with another man, she shall be [considered] a common woman. [The master] shall not be permitted to sell her and receive money.  [The master] shall be allowed to take compensation of 200 rupees from the person with whom she has run off. An *adālata* or *amāla* office shall charge 10 percent [of the total amount as a court fee] and shall hand [the remaining amount] over to [the master]. The master shall not sell his offspring born to such a wife. If he sells any, the seller shall be made to issue a loan agreement without security (*kapālī tamasuka*) to the buyer for the paid price. The seller shall be fined in accordance with the amount in question paid. If the buyer knows that [the child] is the son or daughter of such and such a person and buys him or her, the amount paid by him shall be confiscated.

5. If [a master] has kept an unmarried slave girl of his own house as a wife, and if he has not emancipated her, and if no offspring has been born to her, and if such a slave woman has illicit sexual intercourse with someone else, the master shall be allowed at his own will [to decide] whether he keeps that woman at his house or sells her to someone else.

6. If [a master] has kept a slave woman as a wife who has previously had illicit sexual intercourse with someone else, and if he has no offspring born to her, the sale of such a slave woman shall be considered valid. Even if [the master's] father, son or brother had illicit sexual intercourse with her, [the culprit] shall not be held accountable.

7.  If the slave woman claims that the offspring are sons or daughter of such and such [a man], it shall not be considered valid.

8. If a slave woman—after she has started living with her master as his wife—does not run off with another person, the offspring born [to her] from his semen—irrespective of who they are—shall not be considered slaves. They shall not be sold. If someone sells them, stating that they are male or female slaves, the amount paid by the buyer shall be recovered from the seller, if he is able to return the amount. If the seller is not able to return the amount, he shall be made to issue a loan agreement without security. The offspring born to such a female slave shall become freed persons. If [the master's] father, brother or son sells [such offspring], [the seller] shall be fined in accordance with the amount of sale in question. If the amount of the fine is not paid, he shall, in accordance with the *Ain*, be imprisoned, and the offspring shall, in accordance with the *Ain*, be provided with their share of property.

9. If someone assembles a gang and rapes a slave woman without out her consent 505, who is past the age of 11 and who is a common woman, he shall be fined 30 rupees. If the amount of the fine is not paid, he shall be imprisoned.

505 *manomāna garāi*, read *manomāna nagarāī* (MA2).

10. If a woman who belongs to a caste whose members may be made bondservants has been living at her creditor's house as a bondservant for debt, and if a person repays her debt and keeps her as wife at his house, and if such a bondservant runs off afterwards with a third person, the amount which the [first] person paid to repay her debt and kept her as a wife shall be compensated by the [third] person with whom she has illicit sexual intercourse. If she also leaves the [third] person and runs off with someone else, such a woman shall be considered a common woman and [the man who cleared her debt]506 shall not get back the amount he paid for her.

11. If [a creditor] has taken a woman as a bondservant, and if she has already had two husbands before or after becoming his bondservant, and if her creditor, as her third sexual partner, has sexual intercourse with her, his credit shall not be nullified. He shall be permitted to recover his standing credit.