Judicial System in Ancient India

Unit I

Topic I

Study topics

Important factors influencing the ancient judicial system

Literature and source of Law Constitution of courts in ancient India Cardinal rule of administration of justice Institution of Lawyers Judicial Procedure Trial by Ordeal Appointment of judges Crimes and punishments

Three Important Factors Social Order

Political Institution and system

Religion and religious philosophy

Social order Two important concept plays a very

important role in molding the Judicial pattern of ancient India. i.e.

Caste System and Joint family System

Caste System What is Caste? Why it is important? How its contributing to the

development of legal system in ancient India?

Joint family system Joint family is regarded as unit of the

Hindu Social System It includes parents children, grand

Children, uncle and their descendents and their collaterals from the male side

They had common dwelling and their estate in common.

Head of the family was patriarch

Dharma most important concept of the Hindu

political thought Defining the meaning of Dharma F. Keilhorn P.V. kane K. V Rangaswami

Constitution of Courts in Ancient India

King’s court Kulani Shreni Puga

Cardinal rule for administration of justice

Justice should not be administered by a single individual

Let king or his ministers transect the business on the Bench

Institution of Lawyers No reference in smritis regarding the

separate institution of Lawyers But the person well versed in law and

procedure were appointed to represent a party before the court

However the organization of lawyers as it exist today was not in existence in Ancient time.

Judicial Procedure

Very elaborate According to Brihaspati suit or trial

consist of four parts: i) Purvapaksha ii) uttar iii) kriya iv) nirnaya If the defender denies the charges ;

duty of the court is to provide equal opportunity to both to prove their case

Evidence were based on three sources a) documents b) witnesses c) and

possession of incriminating objects

Appointment of Judges

Caste played an important role Qualification Person who are ignorant to customs,

non believer in the caste system and God etc not to be appointed as judge

Highly qualified learned in law shall be appointed as judge

Judge were required to take oath of impartiality

Trial by Ordeals

A method to determine the guilty of the person

Generally limited its application to cases where no concrete evidence available

These ordeals were1. Ordeal of Balance 2. Ordeal of Fire3. Ordeal by Water

4. Oridial of poison5. Oridial of lot6. Oridial of rice-Grains7. Oridial of Fountain Cheese

He should decide the case without concerning the personal gains

If the person performs his judicial duties in this manner achieves the same spiritual merits as a person performing Yajna

Crimes and Punishments In the Hindu period punishment was

considered to be a sort by which the impurities from the man of sinful prompting is removed and reformed his character.

As per the ancient Smriti writers there were four purpose served by the punishment

1. To meet the urge of the person who suffered

2. For revenge or retaliation3. As deterrent and preventive measure4. For reformation or redemption of the

evil doer

Methods of Punishment Gentle admonition By severe reproof By fine and By corporal punishment

Arthashastra of Kautilyas Awarding of the punishment