Nagasena's analogies are killers, seizing a red-hot iron ball is not wrong-doing or an unwholesome act, there's no comparison between the twoBhikkhu Pesala wrote:
The Milindapañha gives the following explanation:8. “Which is the greater demerit, conscious or unconscious wrong-doing?”
“Unconscious wrong-doing, O king.”²
“Then we should doubly punish those who do wrong unconsciously.”
“What do you think, O king, would a man be more seriously burned if he seized a red-hot iron ball not knowing it was hot than he would be if he knew.”
“He would be burned more severely if he didn’t know it was hot.”
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² All wrong-doing is rooted in ignorance, so one who does wrong knowingly will feel remorse and correct himself sooner than one who is deluded.
also according to Vinaya unintentional theft by a bhikkhu is a no-offense, as opposed to intentional, a principle which knocks down Nagasena's argument
this is also a principle of criminal justice, where motive is crucial in establishing the degree of guilt
and it accords with Buddha's statement
Nibbedhika Sutta (AN 6.63) wrote:"Intention, I tell you, is kamma. Intending, one does kamma by way of body, speech, & intellect.