CELEBRATING ANCIENT INDIAN INTELLIGENCE IN THE LEGAL SYSTEM

India is known for her mind-blowing and rich legacy. Several authorities indicate that legal
system was highly developed and dynamic in Ancient 1. In fact, some scholars trace the existence
of maritime law and even intellectual property law in ancient India 2. I make an attempt to
compile the existing literature on Ancient Indian Legal system in this note. It is important to note
that Ancient Indian Jurisprudence was not just restricted to Hindu Law but included aspects from
Jain and Buddhist philosophies as well.
PART I - BRIEF

OVERVIEW OF

ANCIENT INDIAN LEGAL SOURCES

The bases of Ancient Hindu jurisprudence in embedded in Dharma propounded in the Vedas,
Shastras, Sutras, and Brahmanas. . The word Dharma is derived from "dhr" to mean to uphold,
sustain or nourish. The Sanskrit verses often use it in close association with rta and satya. Sri
Vidyaranya defines rta as the mental perception and realization of God. The Taittiriya
Upanishad also uses it with satya and dharma3. Hindu law can be traced from Smritis as well Manusmriti, Yajnavalkya Smiriti and the Smritis of Vishnu, Narad, Parashar, Apastamba,
Vashisht, Gautam, etc. Later, commentaries (called Nibandhas or Tikas) were written on these
Smritis, e.g. the commentary of Vijnaneshwar (who wrote a commentary called Mitakshara on
the Yajnavalkya Smiriti), the commentary of Jimutvahan who wrote a book called the Dayabhaga
(which is not a commentary on any particular Smriti but is a digest of several Smritis), Nanda
Pandit (whose commentary Dattak Mimansa deals specifically with the Law of Adoption), etc.

1Rama Jois, LEGAL AND CONSTITUTIONAL HISTORY OF INDIA: ANCIENT LEGAL, JUDICIAL, AND
CONSTITUTIONAL SYSTEM, Universal Law Publishing,1984.
http://www.bhu.ac.in/mmak/resent_article/JusticeKatjusLec.pdf Last Seen on 15th August 2014.
2 Justice V Ramamsubramanian, Evolution of Intellectual Property Protection and Implications
for India, http://www.altacit.com/pdf/evolutionofipprotection.pdf Last Seen on 15th August
2014.
3 http://www.legalservicesindia.com/article/article/the-legal-system-in-ancient-india-1391-1.html
Last Seen on 15th August 2014.

S No.

Text

Period

Author

Description

1.

Vedas

10,000 BC

Divine

Source of knowledge. There are 4

revelations

types of Vedas :
Rig Veda- Comprise of prayers
and praises
Yajur

Veda

Comprise

of

different types of Yajnas

Sama Veda Deals with music
Atharva Veda Deals with yoga,
Physiology and different ailments.
2.

Brahmanas and Period 1500 Divine

Brahmana's

Upanishads

commentaries on Vedic Hymns.

500

Revelations

are

the

prose

The Upanishadsd contain the

philosophical ethical preachings.
3.

Vedangas

Various

Various

Vedangas - To assist the Vedas.

Periods

Mendicants

Comprises

like

Kapila astronomy,

and Panini
4.

Epics.

7323

BC Valmiki

(Ramayana)
and 3138 BC

of

Phoenetics,

ritual,

grammar,

Etymology, and Metrics.

Epics - They are legendary tales.
The Ramayana and Mahabharatha

Vyasa

(mahabharata

represent Hindu Society of their

times.

)
Respectively
5.

Smritis

6th
BC -

Century Vishnu,
Narad,

These were the Smrithis. They

provide information regarding the

Parashar,

religious duties, customs and

Apastamba,

traditions.

Vashisht,
Gautam
6.

Manusmriti

800-600 BC

(Manava

Manu The

It

Peerless

dealing with civil law, criminal

Genius

law and code of ethics and

Dharmashastra)

7.

Yajnavalkya
Smiriti

contains

2,684

aphorisms

Behaviour.

300-100 BC

Yajnavalkya

The Yjavalkya

Smr ticonsists

of Mithila

of 1,010 lokas (verses). The text

is laid out as a frame story in
which

the

sages

of Mithila approach Yjavalkya

and

ask

him

to

teach

the

dharma. The majority of the text

is then Yjavalkya's description
of dharma, divided into three
subtopics: cra (proper
conduct),

Vyavahra

(judicial

procedures)
and Pryacitta(penance).
8.

9.

Mitakshara

Dayabhaga

Vijnaneshwa

Relates to the devolution of

common ancestral propoerty

Jimutavahan

Relates to the devolution of

common ancestral property

10.

Dattak

Nanda Pandit Deals specifically with the Law of

Mimansa

Adoption.

PART II ADMINISTRATION OF JUSTICE AND COURT PROCEDURES

Justice Rama Jois in Part VII of his book Legal and Constitutional History of India: Ancient
legal, judicial, and constitutional system, 4 elaborates on the administration of justice in Ancient
India. This part is a compilation of existing research on the Court procedure in Ancient India.
History of our judicial system takes us to the hoary past when Manu and Brihaspati gave us
Dharam Shastras, Narada the Smritis, and Kautilya the Arthshastra 5. A study of these memorable
books would reveal that we in ancient India had a fairly well-developed and sophisticated system
of administration of justice6.
According to the Artha-shastra of Kautilya, who is generally recognised as the Prime Minister of
the first Maurya Emperor (322-298 B.C.), the realm was divided into administrative units called
Sthaniya, Dronamukha, Khrvatika and Sangrahana (the ancient equivalents of the modern
districts, tehsils and Parganas). Sthaniya was a fortress established in the center of eight hundred
villages, a dronamukha in the midst of 400 villages, a kharvatika in the midst of 200 villages and
a sangrahana in the center of ten villages, Law courts were established in each sangrahana, and
also at the meeting places of districts (Janapadasandhishu). The Court consisted of three jurists
(dhramastha) and three ministers (amatya).7
This suggests the existence of circuit courts, for it is hardly likely that three ministers were
permanently posted in each district of the realm.

4 Supra Note 1.
5 S.D. Sharma, ADMINISTRATION OF JUSTICE IN ANCIENT INDIA, New Delhi: Harman Publishing
House, 1988, p.170.
6
7 SANSKRIT SLOK

The great jurists, Manu, Yajn-valkya, Katyayana, Brihaspati and others, and in later times
commentators like Vachaspati Misra and others, described in detail the judicial system and legal
procedure which prevailed in India from ancient times till the close of the Middle Ages.
Brihaspati speaks of four types of courts [A] Movable courts [B] Stationary courts [C] Courts
deriving authority from the king and [D] Courts presided by the king himself 8. Yajnavalkya for
the first time refers to three types of popular courts.

Kula- The Kula has been defined by the Mitakshara as consisting of a group of relations,
near or distant. The Kula or joint families were often very extensive in ancient India. If
there was a quarrel between two members the elders used to attempt to settle it. The Kula
court was this informal body of family elders.

Sreni- When the effort at family arbitration failed, the matter was taken to Sreni court.
The term Sreni was used to denote the courts of guilds which became a prominent feature
of the commercial life in ancient India from 500 B.C. Sreni had their own executive
committees of four or five members and it is likely that they might have functioned as the
Sreni court also for settling the disputes among their members. This was an assembly of
persons following a particular profession like betel sellers, weavers, shoe makers and
such like.

Puga- This was an association of persons drawn from various castes

and following

different professions but staying in the same village or town. The Sabha or the village
assembly of the Vedic period and Gramavriddha court of the Arthasastra were the
forerunner of the Puga court.
A civil judicial proceeding in ancient India as at present commenced ordinarily with the filing
of a plaint or what was known as Purva Paksha before a competent authority. A plaint, it was
required, must be brief in words, unambiguous and free from confusion. In case of disputes
about property, elaborate rules laid down the requirement about giving detailed and full
8 http://ithihas.wordpress.com/2013/10/08/judicial-administration-in-ancient-india/ Last Seen on
16th August 2014

description of the property. Written statements known as Uttara Paksha were required to be
filed by the defendants and the rules enjoined that they must not be vague and must meet all
the points of the plaint. Normally, parties were required to produce their witnesses. The
presence of the witnesses who were far away or would not stir out was secured by the orders
of the judge. Different modes of proof for substantiating allegations were prescribed. On the
conclusion of the trial, judgment known as Nirnaya was pronounced and the successful party
became entitled to Jayapatra or a document of success, Execution of the decrees could entail
imprisonment, sale, fine and demand for additional security. The doctrine of res judicata
known as Pran Nyaya was well-known.
In criminal law there was an elaborate classification of offences. Apart from offences like
rape, dacoity and the like (which may be called conventional offences), there were other
offence like not running to the rescue of another person in distress. Punishment was
prescribed for causing damage to trees in city parks, to trees providing shades, to trees
bearing flowers and fruits and to trees in holy places.
It was an offence for a judge to give a wrong decision out of corrupt motive. Perjury by a
witness attracted severe penalty. There were six types of punishment, namely, fine,
reprimand, torture, imprisonment, death and banishment.
CONCLUSION
All law was originally customary law, and there was no statutory law in ancient India, for the
simple reason that there was no parliament or legislature in those times. The problem with
custom, however, was that it was often vague and uncertain, and did not go into details.
Furthermore, it is important to note that different forms of laws applied in different parts of
India. Thus, it can be concluded that Ancient Indian legal system was diverse and dynamic.
However, the common principles of Dharma and Nyaya cam be seen as the basis of all the
sources.