DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE:
Administration of Justice in Medival India

SUBJECT:
History

NAME OF THE FACULTY:

Dr. Vishwachandranath Madasu

Name of the Candidate: Sai Suvedhya R.

Roll No.: 2018076
Semester: 1st semester

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 ACKNOWLEDGEMENT

Firstly, I would like to express my sincere gratitude to my respected history professor,

Dr.Vishwachandranath Madasu for giving me a golden opportunity to take up this project
regarding ― Administration of Justice in Medival India and sincere thanks for the continuous
support of my study and related research, for his patience, motivation, and immense
knowledge. His guidance helped me in all the time of research. I could not have imagined
having a better advisor and mentor for my research.

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CONTENTS

 Introduction--------------------------------------------------------------------------------------04
 Chola Administration--------------------------------------------------------------------------07
 The Delhi Sultanate----------------------------------------------------------------------------09
 The Administration of Justice: Constitution of Courts------------------------------------11
 The Mughal Period: Judicial System---------------------------------------------------------15
 The Administration of Justice: Constitution of Courts------------------------------------15
 Trial by Ordeal----------------------------------------------------------------------------------19
 Crimes and Punishments-----------------------------------------------------------------------20
 Conclusion---------------------------------------------------------------------------------------21
 Bibliography-------------------------------------------------------------------------------------22

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INTRODUCTION

Medieval Era ranges from 8th to 16th century AD and was the most influencing era in the
Indian history. The span began with Cholas in the power. It was the most important dynasty
to rise out of the South India. To begin with, the Cholas had managed almost immediately to
reduce the Pallavas to the status of minor feudatories. They remained in power for 300 years.
This they managed with sheer tenacity over a period from 900-1100 AD and even then for a
short while only. The first important ruler to emerge from the dynasty was Rajaraja Chola I
(985-1014AD) and his son and successor Rajendra Chola (1014-1035AD). Rajendra Chola I
was killed in 1052AD, in battle against his old foes, The Chalukyas. The successors of
Rajendra I were far too occupied with their problems within the peninsula to worry about
overseas expansion. Almost throughout they remained at loggerheads with the Chalukyas,
with both carrying attacks and revenge raids against each other. However, by the middle of
the 12th century Chola power was already deep into decline. The south was simply far too
divided and no one kingdom stood out as a clear leader. The scene rapidly shifted to the north
where much liveliness had occurred by this time.1

It was what the historians call the 'early medieval' period of India, about the 11th to 12th
century AD when the much travelled Rajputs were floating restlessly around looking for a
home before finally finding shelter in the Rajputana area. Here the strategic location of Delhi
came to play as it was the doorway to both the fertile Punjab, the fabled land of the five
rivers, and the fertile Ganges valley.

A number of important legal institutions were developed by Islamic jurists during the
classical period of Islamic law and jurisprudence, known as the Islamic Golden Age, dated
from the 7th to 13th centuries. One such institution was the Hawala, an early informal value
transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th
century. Hawala itself later influenced the development of the Aval in French civil law and
the Avallo in Italian law. The "European commenda" limited partnerships (Islamic Qirad)
used in civil law as well as the civil law conception of res judicata may also have origins in
Islamic law.2

In 1000AD, Mahmud of Ghazni (Afghanistan) encroached upon Indian territories for the first

1
http://www.indiaandindians.com/india_history/cholas.php
2
http://en.wikipedia.org/wiki/Legal_history

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time and then made these invasions almost an annual feature. What with no strong central
power, looting the wealth of India to replenish the coffers of Ghazni must have been as easy
as finding it. In all, Mahmud invaded India eleven times and the wealth he looted from here
went into funding his campaigns in central Asia and mosques, libraries and museums in
Ghazni. Strangely enough, no confederacy appeared to ward off his invasions. After
Mahmud's death in 1030AD, any chances of such a mutual consensus being reached among
the rulers fizzled out since the significance of his raids as forerunners for others to follow was
never quite grasped.

The Delhi Sultanate had a much longer reign in Delhi than any other dynasty that had come
before it. In fact, it remained in power throughout the period between 1190 and 1526. The
state's boundaries kept shifting, and at different times included Afghanistan and the Deccan,
but the central dynasty did not budge till the Mughals arrived.The first to begin the
consolidation work the dynasty was Altamash (1211-1236AD), who was the son-in-law and
successor of Qutub-ud-din Aibak. The Slave Dynasty is also famous for having given India
its first woman king, Raziya Sultan (1237-1240AD), the daughter and successor of
Altamash.She was followed by a very tough customer, Ghiyas-ud-din Balban (1266-
1286AD). Balban left a strong base for his successors to build upon. Now the Sultanate saw
the rise of the Khaljis, together with Jala-ud-din Khalji (1290-1296AD) and Ala-ud-din
Khalji (1296-1316AD), who were its first real dynasty. They were followed by the Tughlaqs
who produced three strong rulers – Ghiyas-ud-din Tughlaq (1320-1414AD), Muhammad-bin-
Tughlaq (1325-1351AD) and Feroze Shah Tughlaq (1350-1388AD). After Feroze Shah’s
death, the luck of the Delhi Sultanate ran out and it was sacked thoroughly and absolutely by
Timur, the Lame, the famous Persian ruler. This was however not the first time that India had
been invaded since the Delhi Sultanate took charge. Almost throughout its history, the
Sultanate was troubled by repeated invasions from the persistent Mongols but they were able
to successfully repel all Mongol advances.

The last dynasty of the Sultanate was the Lodi dynasty. The last Lodi ruler, Ibrahim Lodi was
greatly disliked in his court and subjects alike. He was overly ambitious. Thus, governor of
Punjab- Daulat Khan and his uncle, Alam Khan sent an invitation to Babur, the ruler of
Kabul, to conquer Delhi. The first Battle of Panipat (April 1526) was fought between the
forces of Babur and Delhi Sultanate. Ibrahim Lodi was killed in the battleground. By way of
superior generalship, vast experience in warfare, effective strategy and appropriate use of

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artillery, Babur won the First battle of Panipat and occupied Agra and Delhi. He set the
foundation of the Mughal dynasty which was to rule India for another 300 years.

Babar ruled until 1530, and was succeeded by his son Humayun, who gave the empire its first
distinctive features. But it is Humayun's son, Akbar the Great, who is conventionally
described as the glory of the empire. Akbar reigned from 1556 to 1605, and extended his
empire as far to the west as Afghanistan, and as far south as the Godavari river. Akbar,
though a Muslim, is remembered as a tolerant ruler, and he even started a new faith, Din-i-
Ilahi, which was an attempt to blend Islam with Hinduism, Christianity, Jainism, and other
faiths. He won over the Hindus by naming them to important military and civil positions, by
conferring honors upon them, and by marrying a Hindu princess.

Akbar was succeeded by his son Salim, who took the title of Jahangir. In his reign (1605-
1627), Jahangir consolidated the gains made by his father. The courtly culture of the Mughals
flourished under his rule; like his great grand-father, Babar, he had an interest in gardens, and
Mughal painting probably reached its zenith in Jahangir's time. Jahangir married Nur Jahan,
"Light of the World", in 1611. Shortly after his death in October 1627, his son, Shah Jahan,
succeeded to the throne. He inherited a vast and rich empire; and at mid-century this was
perhaps the greatest empire in the world, exhibiting a degree of centralized control rarely
matched before. Shah Jahan left behind an extraordinarily rich architectural legacy, which
includes the Taj Mahal and the old city of Delhi, Shahjahanabad. As he apparently lay dying
in 1658, a war of succession broke out between his four sons. The two principal claimants to
the throne were Dara Shikoh, who was championed by the those nobles and officers who
were committed to the eclectic policies of previous rulers, and Aurangzeb, who was favored
by powerful men more inclined to turn the Mughal Empire into an Islamic state subject to the
laws of the Sharia. It is Aurangzeb who triumphed, and though the Mughal Empire saw yet
further expansion in the early years of his long reign (1658-1707), by the later part of the
seventeenth century the empire was beginning to disintegrate.

The Mughal Empire survived until 1857, but its rulers were, after 1803, pensioners of the
East India Company. The last emperor, the senile Bahadur Shah Zafar, was put on trial for
allegedly leading the rebels of the 1857 mutiny and for fomenting sedition. He was convicted
and transported to Rangoon, to spend the remainder of his life on alien soil.

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CHOLA ADMINISTRATION

The Early history of India by V.A. Smith remarks that ancient Indian history cannot be
viewed properly unless the non- Aryan institutions of South receive adequate attention.
Hinduism is the focal point of ancient Indian culture. The Chola kingdom lay on the
Coromandel Coast with its capital at Kanjeevaram. The Chola kings had good navy. The
administrative machinery was highly organized. The self- government was the most
remarkable feature of their administration. The Cholas retained their independence till Malik
Kafur defeated the last Chola ruler in 1310.

The Chola administration was as efficient as it was integrated. From the inscription of
Parantaka I the details about the Chola administration can be found. Under the Chola kindom
the king had a council of ministers. The kingdom was divided into a number of provinces
known as mandalams, The mandalams in turn were divided into valanadu and nadus. The
basis of administration was the village. A large village or a group of villages formed Kurram.
Every village had arrangement of self- governmentor the autonomous administration. .
Panchayat was the in charge of the administration of the village. A few large villages or
Kurrams would constitute a district, that is Nadu, and a few nadus would form a division or
Kottam. The Chola kings developed a powerful navy for the purpose of developing a
maritime empire and seaborne trade. Each village had a village assembly known as the ur or
the sabha. The members of the sabha were elected by lot, known as kudavolai system. There
was a committee to look after the specified departments, such as justice, law and order,
irrigation etc., which were called as variyams. 3

Justice was mostly a local matter in the Chola Empire, where minor disputes were settled at
the village level. The punishments for minor crimes were in the form of fines or a direction
for the offender to donate to some charitable endowment. Even crimes such as manslaughter
or murder were punished by fines.4

Crimes of the state such as treason were heard and decided by the king himself and the
typical punishment in such cases was either execution or confiscation of property.

Village assemblies exercised large powers in deciding local disputes. Small committees

3
http://www.indiaandindians.com/india_history/cholas.php
4
http://en.wikipedia.org/wiki/Chola_government

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called Nyayattar heard matters that did not come under the jurisdiction of the voluntary
village committees. The punishments in most cases were in the form of donations to the
temples or other endowments. The convicted person would remit their fines at a place called
Darmaasana.

There was no distinction between civil and criminal offences. Sometimes civil disputes were
allowed to drag on until time offered the solution. Crimes such as theft, adultery and forgery
were considered serious offences. In most cases the punishment was in the order of the
offender having to maintain a perpetual lamp at a temple. Even murder was punished with a
fine.5 In one instance a man had stabbed an army commander. Rajendra Chola II ordered the
culprit to endow 96 sheep for a lamp at a neighbouring temple.

Capital punishment was uncommon even in the cases of first-degree murder. Only one
solitary instance of capital punishment is found in all the records available so far.

5
http://en.wikipedia.org/wiki/Rajendra_Chola_II

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THE DELHI SULTANATE

The Delhi Sultanate was one of many Muslim states that ruled in India from 1206 to 1526.
Several Turkic and Afghan dynasties ruled from Delhi: the Mamluk dynasty (1206-90), the
Khilji dynasty (1290-1320), the Tughlaq dynasty (1320-1413), the Sayyid dynasty (1414-51),
and the Lodi dynasty (1451-1526). In 1526 the Delhi Sultanate was absorbed by the emerging
Mughal Empire.

The consolidation of the Delhi Sultanate took place under the Tughlak Dynasty. The political
theory of Medieval Islam was based on the teachings of the Qur’an, the traditions of the
Prophet, precedent and Greek thought. The Qur’an laid down only the broad principles of
social life and political organization.

In a theoretical and formal sense, the Islamic law(Shariah) was accredited by the Delhi
Sultans who recognized its supremacyand also tried to prevent its open violation. But they
had to supplement it by framing secular regulations(Zawabit),too. A point of view is that the
Turkish State was a theocracy; in practice, however, it was the product of expediency and
necessity wherein the needs of the young state assumed paramount importance. The
contemporary historian Ziauddin Barani distinguished.betwen jahandari(secular) and
dindari(religious)and accepted the inevitability of some secular features, because of the
contingent situations coming up. Thus, the needs of the emergent State shaped many policies
and practices not always consistent with Islamic fundamentalism. For example, during the
reign of Sultan lltutmish (1211-1236), a sectarian group (shajai)of Muslim divines
approached the Sultan and asked him to enforce the Islamic law strictly, thatis, giving the
Hindus the option of Islam or Death.On behalf of the Sultan, the wazir;'Junaidi, replied that
this could not be done for the moment as the Muslims were like salt in a dish of food. Barani
records a conversation that Sultan Alauddin Khalji had with one of his leading theologians,
Qazi Mughisuddin, over the question of appropriation of booty. While the Qazi pointed out
the legalistic position which prevented the Sultan from taking the major share of the booty,
the Sultan is said to have emphasized that he acted according to the needs of the State which
were paramount. These instances show that, in practice, the Turkish State was not theocratic
but evolved according to its special needs and circumstances despite the fact the main ruling
class professed Islam.

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The Central Administrative machinery of the State consisted of the nobles controlling various
offices with the Sultan at the helm of affairs.

In the early Islamic world, there was no sanction for the position of the Sultan. With the
disintegration of the Caliphate, the Sultan began to appear in the sense of a powerful ruler
and an independent sovereign of a certain territory. The Delhi Sultans could make civil and
political regulations for public welfare. Khutba and Sikka were recognized as important
attributes of sovereignty. The khutba was the formal sermon following the congregational
prayer on Fridays wherein the name of the Sultan was mentioned as the head of the
community. Coinage was the ruler's prerogative: his name was inscribed on the coins (sikka).

There were many officials to look after the royal household. The wakil-i-dar looked after the
entire household and doled out salaries to the Sultan's personal staff. The amir-i-hajib
functioned as the master of ceremonies at the court. All petitions to the Sultan were submitted
through the latter. There were other minor officials also.

The civil administration of the Sultanate was headed by the Sultan and his Chief Minister
(Wazir). The Sultanate was divided into administrative divisions from province to the village
level. Principle of forming the administrative division remained the same with minor changes
in the area of each division. The Sultanate was divided into Provinces (Subahs). The province
was composed of Districts (Sarkars). Each District was further divided into Parganas. A
group of villages constituted a Pargana.

The Sultan was represented in each Province (Subah) by a Governor (Nazim or Mufti), under
whom a number of departmental heads were appointed. The Governor was responsible to
maintain law and order and also to collect revenue in each province. In each District (Sarkar),
the Fauzdar was the principal executive and police officer, who represented the Governor.
The Kotwal was the immediate commanding officer in the cities and Shiqahdar was the
immediate commanding officer in the cities and Shiqahdar was in Parganahs. The Paraganahs
was the smallest administrative unit having its own officials- the executive officer, officer
recording produce, the treasurer and two registrars. Munsif was the chief assessment officer
and the revenue collector.

The village was the smallest unit of administration. It was the basic economic unit. It was

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administered by three officials- the village headman, the accountant (Patwari) and the
registrar(Chaudhari).The Village Assemblies or Panchayats manged local administration. At
the village level and to large extent in the paragnah, many Hindu officers, belonging to
families associated with administration, were still allowed to work.

In provincial capitals large markets were also established. Cities were divided into sectors
and each sector was in the charge of two officials who were responsible to the chief city
administrator.

THE ADMINISTRATION OF JUSTICE:CONSTITUTION OF COURTS

In Medieval India the Sultan, being head of the State, was the supreme authority to adminster
justice in his kindom. The administration of justice was one of the important functions of the
Sultan which was actually done in his name in three capacities: As arbitrator in the disputes
of his subjects he dispensed justice through the Diwan-i-Qaza; as head of bureauracy justice
through the Diwan-i-Mazalim; as the Commander-in-Chief of Forces through his military
commanders who constituted Diwan-i-Siyasat to try the rebels and those charged with high
treason. It was the Sultan’s sole prerogative to order the execution of a criminal and the
courts were required to seek his prior approval before awarding the capital punishment.

The Judicial system under the Sultans was organized on the basis of administrative divisions
of the kingdom. A systematic classification and gradation of the courts existed at the seat of
the capital, in Provinces, Districts, Parganahs and Villages.6 The powers and jurisdiction of
each court was clearly defined.

i) Central Capital: Six courts which were established at Delhi, Capital of the Sultanate, may
be stated as follows:-
The King’s court, Diwan-e-Mazalim, Diwan-e-Risalat, Sadre Jehan’s court, Chief Justice’s
Court and Diwan-e-Siyasat.

The King’s Court, presided over by the Sultan, exercised both original and appellate
jurisdiction on all kinds of cases. It was the highest court of Appeal in the realm. 7The Sultan

6
M.B. Ahmad, The Administration of Justice in Mediaeval India, pp 104-125.
7
H. Beveridge, History of India, Vol. I, p. 239.

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was assisted by two reputed Muftis highly qualified in law.

The Court of Diwan-e-Mazalim was the highest Court of Criminal Appeal and the Court of
Diwan-e-Risalat was the highest court of Civil Appeal. Though the Sultan nominally
presided over these two courts, he seldom sat in them. The Chief Justice (Qazi-ul-Quzat) was
the highest judicial officer next to Sultan. From 1206 to 1248 in the absence of the Sultan the
Chief Justice presided over these Courts. In 1248 Sultan Nasir Uddin, being dissatisfied with
the then Chief Justice, created a superior post of Sadre Jahan and appointed Qazi Minhaj Siraj
to this post. Since then Sadre Jahan became de facto head of the judiciary. The Court of
Ecclesiastical cases, which was under the Chief Justice up to 1248, was also transferred to the
Sadre Jahan and later on became popular as Sadre Jahan’sCourt. Sadre Jahan became more
powerful and occasionally presided over the King’s Court. The officials of the Sadre Jahan
and Chief Justice remained separate for a long time. Ala Uddin amalgamated the two. They
were again separated by Sultan Firoz Tughlaq. The Court of Diwan-e-Siyasat was constituted
to deal with the cases of rebels and those charged with high treason. Its main purpose was to
deal with criminal prosecutions. It was established by Muhammad Tughlaq and continued up
to 1351.

The Chief Justice’s Court was established in 1206. It was presided over by the Chief Justice
(Qazi-ul-Qazat). It dealt with all kinds of cases. Earlier, the Qazi-ul-Qazat was the higher
judicial officer but with the creation of a new post of Sadre Jahan its importance was reduced
for some time. The Chief Justice and Pusine Judges were men of ability (Afazil-e-Rozgar)
and were highly respected. Many Chief Justices were famous for their impartiality and
independent character during Sultanate period. Four officers, namely, Mufti, Pandit,
Mohtasib and Dadbad, were attached to the court of the Chief Justice.

ii) Province: In each Province (Subah) at the Provincial Headquarters five Courts were
established, namely, Adalat Nazim Subah, Adalat Qazi-e-Subah, Governer’s Bench (Nazim-e-
Subah’s Bench), Diwan-e-Subah and Sadre Subah.

Adalat Nazim Subah was the Governor’s (Subehdar) Court. In the Provinces the Sultanwas
represented by him and like the Sultan he exercised original and appellate jurisdiction. In
original cases he usually sat as a single Judge. From his judgement as appeal lay to the

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Central Appellate Court at Delhi.
Adalat Qazi-e-Subah was presided over by the Chief Provincial Qazi. He was empowered to
try civil and criminal cases of any description and to hear appeals from the Courts of District
Qazis. Appeals from this Court were allowed to be made to the Adalat Nazim Subah. Qazi-e-
Subah was also expected to supervise the administration of justice in his Subah and also that
Qazis in districts were properly carrying out their functions. He was selected by the Chief
Justice or by Sadre Jahan and was appointed by the Sultan. Four officers, namely, Mufti,
Pandit, Mohtasib and Dadbak, were attached to this court also.
The Court of Diwan-e-Subah was the final authority in the Province in all cases concerning
land revenue.

iii) Districts: In each District (Sarkar), at the District Headquarters, six courts
wereestablished, namely, Qazi, Dadbaks or Mir Adls, Faujdars, Sadr, Amils, Kotwals.

The Court of District Qazi8 was empowered to hear all original civil and criminal cases.
Appeals were also filed before this Court from judgements of the Paraganah Kazis, Kotwal
and Village Panchayat. The Court was presided over by the District Qazi who was appointed
on the recommendation of the Qazi-e-Subah or directly by Sadre Jahan. The same four
officers, namely, Mufti, Pandit, Mohtasib and Dadbak, were attached to this court as well.

The Court of Faujdar tried petty criminal cases concerning security and sespected criminals.
The Court of Sadr dealt with cases concerning grant of land and registration of land. Court of
Amils dealt with Land Revenue cases. Kotwals were authorized to decide petty criminal cases
and police cases.

Parganah: At each Paraganah Headqurter two courts were established, namely, Qazi-e-
Parganah and Kotwal. The Court of Qazi-e-Parganah had all powers of a District Qazi in all
civil and criminal cases except hearing appeals. Canon law cases were also filed before this
court.

iii) Villages: For each group of villages there was a Village Assembly or Panchayat, a body
of five leading men to look after the executive and judicial affairs. The Sarpanchwas

8
M. Elphinston, History of India, p. 421.

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appointed by the Nazim or the Faujdar. There was no interference in the working of the
Panchayat. As a rule, the decision of the Panchayat was binding upon the parties and no
appeal was allowed from its decision.

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THE MUGHAL PERIOD: JUDICIAL SYSTEM

In India the Mughal period begins with the victory of Babur in 1526 over the last Lodhi
Sultan on Delhi. His, son. Humayun, though he lost his kingdom to Sher Shah Suri in 1540,
regained it after defeating the descendants of Sher Shah in July, 1555. The Mughal Empire
contitued from 1555 to 1750.

For the purpose of civil administration the whole empire was divided into the Imperial
Capital, Province (Subahs), Districts (Sarkars), Parganahs and Villages. Just like Sultans of
Delhi, the Mughal Emperors were also absolute monarchs. The Mughal Emperor was the
supreme authority and in him the entire executive, legislative, judicial and military power
resided.

THE ADMINISTRATION OF JUSTICE : THE CONSTITUTION OF COURTS

During the Mughal period, the Emperor was considered the “Fountain of Justice”. The
Emperor created a separate department of Justice (Mahakma-e-Adalat) to regulate and see
that the justice was administered properly. On the basis of the administrative divisions, at the
official headquarters in each Province, District, Parganah and Village, separate courts were
established to decide civil, criminal and revenue cases.9 At Delhi, the Imperial capital of
India, highest courts of the Empire empowered with original and appellate jurisdictions were
established. A systematic gradation of courts, with well defined power of the presiding
Judges, existed all over the empire.

i) The Imperial Capital: At Delhi, which was capital (Dural Saltanate) of the Mughal
Emperors in India, three important courts were established.The Emperor’s Court, presided
over by the Emperor, was the highest court of the Empire. The Court had jurisdiction to hear
original civil and criminal cases. As a court of the first instance generally the Emperor was
assisted by a Darogha-e-Adalat, a Mufti and a Mir Adil10. In criminal cases the Mohtasib-e-
Mumalik or the Chief Mohtasib like Attorney General of India to-day, also assisted the
Emperor. In order to hear appeals, the Emperor presided over a Bench consisting of the Chief
Justice(Qazi-ul-Quzat) and Qazis of the Chief Justice’s courts.

9
M.B. Ahmad, The Administration of Justice in Mediaeval India, pp. 143-166.
10
Alamgir Namah, p. 107.

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The Chief Court of the Empire was the second important court at Delhi, the seat of the
Capital. It was presided over by the Chief Justice (Qazi-ul-Quzat). The Court had the power
to try original, civil and criminal cases, to hear appeals from the Provincial Courts. Chief
Justice was assisted by one or two Qazis of great eminence, who were attached to his Court
were- Doroga-e-Adalat, Mufti, Mohtasib, and Mir Adil.

The Chief Justice was appointed by the Emperor. He was considered the next important
person, after the Emperor, holding the highest office in the Judiciary. Sometimes a Chief
Provincial Qazi was promoted to the post of the Chief Justice.11

The Chief Revenue Court was the third important court established at Delhi. It was the
highest Court of Appeal to decide revenue cases. The Court was presided over by the Diwan-
e-Ala.

Apart from the above stated courts there were two lower courts at Delhi to decide local cases.
The Court of Qazi of Delhi, who enjoyed the status of Chief Qazi of a Province, decided
local civil and criminal cases. An appeal was allowed to the Court of the Chief Justice. The
Court of Qazi-e-Askar was specially constituted to decide cases of the Military area in the
capital.

In the above mentioned Courts, four offices were attached Darogha-e-Adalat, Mufti,
Muhtasib and Mir Adil.

ii) Province: In each Province(Subha) there were three courts, namely, the Governor’s own
court and the bench, the Chief Appellate Court, the Chief Revenue Court.

The Governor’s own court (Adalat-e-Nazim-e-Subah) had original jurisdiction inall cases
arising in provincial capital. It was presided over by the Governor (Nazim-e-Subah).Two
officers attached to the Court of the Governor’s Bench were- A Mufti and a Darogha-e-
Adalat.

In Provincial Chief Appellate Court was presided over by the Qazi-e-Subah. The Court had

11
Sir Jadunath Sarkar, Mughal Administration (1935), p. 29.

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original civil and criminal jurisdiction. It was the chief Court of Appeal in the Provinces for
all appeals from the District Courts. The Qazi-e-Subah had powers similar to that of the
Governor. Seven officers attached to this court, were- Mufti, Mohtasib, Darogha-e-Adalat-e-
Subah, Mir Adil, Pandit, Sawaneh Nawis, Waqae Nigar.

Provincial Chief Revenue Court was presided over by Diwan-e-Subah. The Court was
granted original and appellate jurisdiction in revenue cases. An appeal from this court lay to
the Diwan-e-Ala at the Imperial Capital. Four officials attached to this court were- Peshkar,
Darogha, Treasurer and Cashier.

iii) Districts: In each District (Sarkar) there were four courts, namely, the Chief Civil and
Criminal Court of District, Faujdari Adalat, Kotwali, Amalguzari Kachehri.

The Chief Civil and Criminal Court of the District was presided over by the Qazi-e-Sarkar.
The Court had original and appellate jurisdiction in all civil and criminal cases and in
religious matters. Qazi-e-Sarkar was the principal judicial officer in a District. Six officers
attached to this Court were- Darogha-i-Adalat, Mir Adil, Mufti, Pandit/ Shastri, Mohtasib
and Vakil-e-Sharai. Appeals from this court lay to Qazi-e-Subah12.

Faujdari Adalat dealt with criminal cases concerning riots and state security. It wa presided
by the Faujdar. Appeals lay to the Governor’s Court.13

Kotwali Court decided cases similar to those under modern Police Acts and had appellate
jurisdiction. It was presided by Kotwal-e-Shahar. Appeals lay to the District Qazi.14

The Amalguzari Kachehri decided all revenue cases. Amalguzar presided over this Court. An
appeal was allowed to the Provincial Diwan.

iv) Parganah: In each Parganah there three courts, namely, Adalat-e-Parganah, Kotwali, and
Kachehri. Adalat-e-Parganah was presided over by Qazi-e-Parganah. The Court had

12
Henry Elliot and Dowson, History of India, Vol. VII, p. 173.
13
Henry Elliot and Dowson, History of India, Vol. VII, pp.172-3
14
Alexander Dow, History of Hindustan, Vol. III, p. 752.

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jurisdiction over all civil and criminal cases arising within its original jurisdiction. It included
all those villages which were under Parganah court’s jurisdiction. Qazi-i-Parganah had all
the powers of a District Qazi. Four offices attached to Adalat-e-Parganah were – Mufti,
Mohtasib-e-Parganah, Darogha-e-Adalat and Vakil-e-Shara.

Court of Kotwali was presided by Kotwal-e-Parganah to decide such cases as are found in
the modern Police Act. Appeals were made to the Court of District Qazi.
Amin was the presiding officer in Kachehri which decided revenue cases. An appeal lay to
the District Amalguzar.

v) Villages: The village was the smallest administrative unit. From ancient times the village
council (Panchayats)were authorized to administer justice in all petty civil and criminal
matters.15 Generally, the Panchayat meetings were held in public places. It was presided by
five Panchs elected by the villagers who were expected to give a patient hearing to both the
parties and deliver their judgment in the Panchayat meeting. Sarpanch was the President of
the Panchayat. No appeal was allowed from the decision of a Panchayat. Village Panchayats
were mostly governed by their customary law.

15
Sir Charles Metcalfe in the Report of the Select Committee of the House of Commons, Vol. III, App. 84, p.
331.

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TRIAL BY ORDEAL

The Muslim law prohibited the use of trial by ordeal to determine the guilt of a person. It was
not favoured either by the Sultans or by the Mughal Rulers in India. As stated earlier, the trail
by ordeal was mostly used during the ancient Hindu period. In the non-Muslim States, which
were under the protection of the Sultans and Mughals, however, the old system of trail by
ordeal somehow continued. The Muslim Rulers neither adopted it nor interfered in the non-
Muslim States to stop it.
The Muslim law experts strongly opposed this move to introduce the trial by ordeal and
therefore Akbar gave up the idea. In his records, Hamilton,16 who came to India during the
reign of Aurangzeb, has mentioned a trial in South India where the accused person was
required to put his hand in a pan of boiling oil.
It may, therefore, be concluded that though at times even the Muslim Rulers tried to
encourage the trial, the system on the whole fell into disuse due to the impact of Muslim law
in India.

16
Captain Hamilton, A New Account of East Indies, Vol. I, p. 315.

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CRIMES AND PUNISHMENTS

During the Muslim period Islamic law or Shara was followed by all Sultans and Mughal
Emperors. The Shara is based on the principles emunciated by Quran. Under the Muslim
criminal law, which was mostly based on their religion, any violation of public rights was an
offence against the State.
There were three types of punishments recogonised by Muslim Law,
i) Hadd
ii) Tazir
iii) Qisas
iv) Tashir

Hadd provided a fixed punishment as laid down in Shara, the Islamic law, for crimes like
theft, robbery, whoredom (Zina), Apostasy (Irtidad), defamation (Itteham-e-Zina) and
drunkenness (Shurb). It was equally applicable to Muslims and Non-Muslims.

Tazir was another form of punishment which meant prohibition and it was applicable to all
the crimes which were not classified under “Hadd”. It included crimes like counterfeiting
coins, gambling, minor theft etc.17

“Qisas” or blood-fine was imposed in cases relating to homicide. It was a sort of blood-
money paid by the man killed another man if the murderer was convicted but not sentenced to
death for his offence. Muslim jurists supported Qisas on the basis that “the right of God’s
creatures should prevail” and only when the aggrieved party has expressed his desire, the
state should intervene. Qisas may be compared to the Weregild of the contemporary English
period.

The Muslim Law considered “Treason” (Ghadr) as a crime against God and religion and,
therefore, against the State. Persons held responsible for treason by the court were mostly
punished with death.

17
M.B. Ahmad, The Administration of Justice in Mediaeval India, p.225.

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CONCLUSION

The Study of the foregoing pages of this project reveals three distinct phases of the political
history of the medieval India during two odd centuries of the Mughal rule. Most of them were
fairly capable and enlightened rulers who did care for the happiness and welfare of their
subjects. Nevertheless, they were usually interlocked with their neighboring chiefs in mutual
conflicts and frittered away their resources in men and materials. Of course, most of the
Indian princes, whether Hindu or Muslims, were conscious of the fact that India should have
a strong central authority albeit the clash of interests between the rivals stood in the way of
achieving that ideal. Talking about India most of the constitution and laws have been inspired
from Medieval India.

The chief quazi or the chief justice was also the minister in charge of the department of
justice which was known as Diwan-i-quaza. Barid-I-mamalik who was the head of the
information and intelligence department, was also an important minister during the period of
Delhi sultanate. The sultan was the fountain of judicial authority and his words were law .
his durbar consisted of highest civil and criminal court of justice, where original as well as
appealet cases were heard , next to sultan the chief quazi was the highest judicial authority. In
the province the governors and the quazi had judicial powers each town also had a quazi the
shariat or the Muslim law was followed in the administration of justice.The penal code was
severe in those days capital punishment and physical torture were frequently awarded as
punishments like cutting of limbs driving nail into the body pouring molten lead into the
throat beating with stones and such other inhuman punishments were common in those days.

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BIBLIOGRAPHY

WEBSITES
 http://www.indiaandindians.com/india_history/cholas.php
 http://en.wikipedia.org/wiki/Legal_history
 http://en.wikipedia.org/wiki/Chola_government
 http://en.wikipedia.org/wiki/Rajendra_Chola_II

BOOKS
 M.B. Ahmad, The Administration of Justice in Mediaeval India
 H. Beveridge, History of India, Vol. I
 M. Elphinston, History of India
 Alamgir Namah
 Sir Jadunath Sarkar, Mughal Administration (1935)
 Henry Elliot and Dowson, History of India, Vol. VII
 Alexander Dow, History of Hindustan, Vol. III
 Sir Charles Metcalfe in the Report of the Select Committee of the House of
Commons, Vol. III
 Captain Hamilton, A New Account of East Indies, Vol. I

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