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Judicail system in ancient india

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Domodaram Sanjivayya National Law University

1. Ancient Indian judicial institutions evolved from village elders and the king's court to a more formalized system with various levels of courts. 2. Kautilya advised establishing courts with three magistrates for every ten villages, with higher courts at the district and provincial levels. Manu also suggested courts composed of judges. 3. The main types of courts mentioned were village panchayats, guild courts, civil and criminal courts established by Kautilya, and the king's court which served as the highest court.

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Judicail system in ancient india
Judicial institutions No clear reference to the existence of judicial organization in the Vedic period. Village elders acted as judges and punishment was awarded according to the nature of the offence, in accordance with local usages and customs. The king was the fountainhead of law, and dispensed with justice. The growing and settled order of society made it impossible for the king carry out all function of judiciary.
The administration of justice was entrusted to the hands of the experts. King’s court was reserved for appeals and severe crimes against the state, the rest of the litigations being entrusted to various other courts.
Judges A group of six member of the Sabha also acted as judges in Vedic society. Kautilya advises the king to establish a court with a bench of three magistrates for every ten villages, with higher courts in the district and provinces. Manu also suggested a bench composed of the Pradvivaka and three other judges. According to Sudraka’s Mruchchakatika judges consisted of Adhikarnika ( chief justice) Sresthin ( a wealthy merchant) Kayastha ( a representative of the particular folder) Highest court kings court
Types of courts In the Vedic times, the Sabha, which assumed the character of National judicature, exercised judicial functions as well. The meeting of the assembly for justice may have been more frequent than for general discussion and decision. A standing committee(6 members) of the Sabha might have permitted these functions. The thieves and criminal were dragged before the Sabha, and the most influential men had to submit to the decision of their peer assembled here. The Dharmasutras evidence to the continuance of the judicial character of the Sabha even to later times
Kautilya mentions two types of courts Civil court (Dharmasteya) dealt with disputes involving Contracts inheritance labour marriages dowry deposits benefit
Criminal court: Kantakasodhana 1. Protection of artisans and merchants 2. detecting criminals by means of spies 3. Arresting the suspicious or real culprits 4. Post-mortem examinations 5. Discipline in various state departments 6. Punishment for mutilation 7. Capital punishment 8. Miscellaneous offences
• Kantakasodhana was in the nature of the “doctrine of police power” • To remove all such impediments which were injuries to the peaceful enjoyment of rights of the people. • To root out all such anti-social elements which acted against the established social order. • There was no provision for the arrest of the persons three days after a crime had been committed. • The aged, the diseased, the mad, those suffering from hunger, those who confessed their guilt, physically unfit, and the pregnant women were generally exempted from persecution.
Courts of the Guilds • The guilds had their own rules and regulation called the srenidharma • The Guild had judicial rights over its jurisdiction. • The guilds were not allowed to exercise their powers like autocrats because ultimately they were responsible to the state. Village courts Village panchayats: grama vruddgas Chief of the village advised by six councilors
Court Procedures
Plaintiff A plaintiff first filed plaint before the registration officer (Lekhaka) with sufficient information. When the judge found that matter was legally acceptable, he delivered a sealed order to the defendant. Suits between teacher and student, husband and wife and master and servant should not be entrained. (Manu) In case of more than one complaint at the same time, preference must be given on the basis of the varna of the plaintiff. (Katyayana) Priority should be given to a plait where the injury was greater or cause more important requiring immediate attention.
Defendant • The legally maintainable plaint was read and recorded in the presence of the defendant • Then the defendant was asked by the judge to file his reply as early as possible • Defendant had to give immediate reply in urgent and important cases. • Adjournment ranged from one day to one year or more.
• Katyayana does not favour adjournment, to avoid complication and normal of course of judicial procedure. • The defendant’s reply was require to meet the points raised in the plaint without deviating from truth and without any confusion.
The ordinary procedure in trails was by evidence, while in extraordinary cases recourse was taken to divine evidence. There are instances of circumstantial evidence, particularly in the absence of human evidence, being considered in the trial of cases. The trial involved the examination of documents, possession and evidence tendered by the witness were discussed meticulously.
The trial: The trail of the case began with the submission of the reply, in writing, by the defendant. Depending on the decision of the judge they should submit their proofs. According to smiti writers at least three witnesses before the king and Brahmans. Justice given according to law and in consonance with the accepted social norms and every point in the case was subjected to close scrutiny.
Mode of proof divided into two classes Human: documents, possession and witness ( sakshi) Divine: divine proof consisted of ordeals Ordeals were restored to only when “ ordinary method of proof was not feasible

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Judicail system in ancient india

  • 2. Judicial institutions No clear reference to the existence of judicial organization in the Vedic period. Village elders acted as judges and punishment was awarded according to the nature of the offence, in accordance with local usages and customs. The king was the fountainhead of law, and dispensed with justice. The growing and settled order of society made it impossible for the king carry out all function of judiciary.
  • 3. The administration of justice was entrusted to the hands of the experts. King’s court was reserved for appeals and severe crimes against the state, the rest of the litigations being entrusted to various other courts.
  • 4. Judges A group of six member of the Sabha also acted as judges in Vedic society. Kautilya advises the king to establish a court with a bench of three magistrates for every ten villages, with higher courts in the district and provinces. Manu also suggested a bench composed of the Pradvivaka and three other judges. According to Sudraka’s Mruchchakatika judges consisted of Adhikarnika ( chief justice) Sresthin ( a wealthy merchant) Kayastha ( a representative of the particular folder) Highest court kings court
  • 5. Types of courts In the Vedic times, the Sabha, which assumed the character of National judicature, exercised judicial functions as well. The meeting of the assembly for justice may have been more frequent than for general discussion and decision. A standing committee(6 members) of the Sabha might have permitted these functions. The thieves and criminal were dragged before the Sabha, and the most influential men had to submit to the decision of their peer assembled here. The Dharmasutras evidence to the continuance of the judicial character of the Sabha even to later times
  • 6. Kautilya mentions two types of courts Civil court (Dharmasteya) dealt with disputes involving Contracts inheritance labour marriages dowry deposits benefit
  • 7. Criminal court: Kantakasodhana 1. Protection of artisans and merchants 2. detecting criminals by means of spies 3. Arresting the suspicious or real culprits 4. Post-mortem examinations 5. Discipline in various state departments 6. Punishment for mutilation 7. Capital punishment 8. Miscellaneous offences
  • 8. • Kantakasodhana was in the nature of the “doctrine of police power” • To remove all such impediments which were injuries to the peaceful enjoyment of rights of the people. • To root out all such anti-social elements which acted against the established social order. • There was no provision for the arrest of the persons three days after a crime had been committed. • The aged, the diseased, the mad, those suffering from hunger, those who confessed their guilt, physically unfit, and the pregnant women were generally exempted from persecution.
  • 9. Courts of the Guilds • The guilds had their own rules and regulation called the srenidharma • The Guild had judicial rights over its jurisdiction. • The guilds were not allowed to exercise their powers like autocrats because ultimately they were responsible to the state. Village courts Village panchayats: grama vruddgas Chief of the village advised by six councilors
  • 11. Plaintiff A plaintiff first filed plaint before the registration officer (Lekhaka) with sufficient information. When the judge found that matter was legally acceptable, he delivered a sealed order to the defendant. Suits between teacher and student, husband and wife and master and servant should not be entrained. (Manu) In case of more than one complaint at the same time, preference must be given on the basis of the varna of the plaintiff. (Katyayana) Priority should be given to a plait where the injury was greater or cause more important requiring immediate attention.
  • 12. Defendant • The legally maintainable plaint was read and recorded in the presence of the defendant • Then the defendant was asked by the judge to file his reply as early as possible • Defendant had to give immediate reply in urgent and important cases. • Adjournment ranged from one day to one year or more.
  • 13. • Katyayana does not favour adjournment, to avoid complication and normal of course of judicial procedure. • The defendant’s reply was require to meet the points raised in the plaint without deviating from truth and without any confusion.
  • 14. The ordinary procedure in trails was by evidence, while in extraordinary cases recourse was taken to divine evidence. There are instances of circumstantial evidence, particularly in the absence of human evidence, being considered in the trial of cases. The trial involved the examination of documents, possession and evidence tendered by the witness were discussed meticulously.
  • 15. The trial: The trail of the case began with the submission of the reply, in writing, by the defendant. Depending on the decision of the judge they should submit their proofs. According to smiti writers at least three witnesses before the king and Brahmans. Justice given according to law and in consonance with the accepted social norms and every point in the case was subjected to close scrutiny.
  • 16. Mode of proof divided into two classes Human: documents, possession and witness ( sakshi) Divine: divine proof consisted of ordeals Ordeals were restored to only when “ ordinary method of proof was not feasible