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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

NAME OF THE PROJECT TOPIC


LAW OF SALES IN ANCIENT INDIA

SUBJECT :
History

NAME OF THE FACULTY :


Prof. Viswachandra Nath Madasu

NAME OF THE STUDENT: T. Kranthi Kiran


REGD NO: 18LLB127
SECTION: B
1TH SEMESTER
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ACKNOWLEDGEMENT

I would sincerely like to put forward my heartfelt appreciation to our respected History
Professor, Prof. Viswachandra Nath Madasu for giving me a golden opportunity to take up
this project regarding ―“LAW OF SALES IN ANCIENT INDIA.”.I have tried my best to
collect information about the project in various possible ways to depict clear picture about the
given project topic.
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Table Of Contents

Abstract……………………………………………………………………………4

Introduction…………………………………………………………….5

Consumer Protection in Ancient India: A Historical Background…….5

Trade during the Vedic times…………………………………………..6

Kautilya’s Arthashastra………………………………………………..6-8

Manu Smriti…………………………………………………………....8-9

Trade during Gupta Period…………………………………………....9-12

Debt and Rate of Interest……………………………………………..12-14

Control Over Services………………………………………………..14-16

Sale and Purchase of Goods………………………………………….17-18

Regulation of Price…………………………………………………..19-20

Consumer Responsibilities……………………………………………20-21

Conclusion………………………………………………………….....21

Bibliography…………………………………………………………..22
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Abstract

It is a primary responsibility for customer satisfaction to provide quality goods and services at
the right place, at the right price, at affordable price. Consumer protection needs have been
identified by lawmakers in India since ancient times. It is well understood that the providers
of goods and services are exploited by the customer. Hence, the ancient Indian law rules
restricted the economic life of not only social conditions, but also the establishment of human
values and trade tools code to protect the interests of the people. The article is primarily
based on ancient Indian literature, Manu Smriti, Narada Smriti, Brahasashi Smriti and
Ardhrasda's detailed study.

Introduction

A business success depends on customers. It is a business primary responsibility to satisfy


customers by providing quality goods and services at the right place, at the right time, at the
right price at reasonable price. But sometimes the businessmen can exploit consumers by
adopting different forms of adoption of unfair and compelling business practices that threaten
the interest of consumers who form an important part of society to maximize profits.
Consumer protection needs have been identified by lawmakers in India since ancient times.
In those times too, those who provided goods and services were well aware that consumers
were being exploited. Hence, the ancient Indian code of conduct was not only social
conditions, but also the economic life of the people by hiring trade practices to protect the
interests of buyers. During the post-Vedic period (1000-600 BC) trade and commerce
developed in India. There is a dramatic increase in business activity. Old forms of old
transitions and direct exchange have continued, but with the innovations associated with the
trade exchange. Introduction of money and markets trade trade intensified. Guild (sarin) or
ancient Indian companies (Thapar, 2002) facilitated production and exchange through the
company. With the growth of economic activity, it is necessary to create rules and regulations
for consumer protection. In the Mahabharata, Maharshi Ved Vyas writes that if the penalty
does not exist, the force exploits the poor so that they can drink their children and wives (kith
and kin). In the famine (Sharma, 2007), the situation is likely to happen soon, despite the
threat of punishment, the corrupt others will remove the goods of others, and destroy the
social system in an unethical manner. To safeguard the weak, therefore, the Tribes were
severely punished in immoral and prohibited trade practices.
This study analyzes various norms in ancient India's law. There are many dharmasala but
important are Manu, Bhihaspati, Vishnu, Yagnvakaya and Naraada. Manu refers to the Smriti
Atri, Gautam, Shanaka and Vashishta Dharma. This is referenced by Yagnavakaya and
Vishnu. This is the basis of the Dharmmax or Strives Hindu Act, adopted by the British in
India (Mahajan, 1990). Credit Literature and Cotuls AryasStraher provide detailed
clarifications about loans, deposits, sales, purchases, partnership, reimbursement of gifts,
renewal of wages, and non-contracting performance. Manu Smriti, Narada Smriti, Bisipaspati
Smriti administration, officials, businessmen and consumers are given different signals to
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guide the behavior of financial activities. The NARA code between the eighth and sixth
century BC dates between the first century and the second century AD and between the
Bryasbati Smriti 200 AD to 400 AD (Prasad, 2008). Although Buhler took the final shape of
Manu Smriti in the second century BC and AD, Narada Smriti took its present form to the
fifth or sixth century (Jali, 1889). The total number of smritis is very large and the comments
are bigger. The comments not only explain the sritis, but also significantly change their
theories to bring them in accordance with the changing conditions in society (Majumdar,
1977). The work of Ardhrasta Maurya, written by Vishnugupta or Kutilaya, especially in
tradition, Chandragupta Maurya period in the fourth century (Shyamista, 1951).
The ancient Indian judges are considered a branch of the Dharma, and law and Dharma are
no different. Dharma, the expression of the broader importance, refers to the overall duties
and responsibilities of religious, moral, social and legal (Rao, 1999). Dharma's other
obligation on all matters dealing with one and the other side of each other is good and right.
Judgment from the rules of fair behavior goes away from the Dharma path. The regulations
governing these were designed by Dharmastras or Smritis who set out a comprehensive code
for regulating human virtues. Many of the Arthurstra's terms are similar to Smritis. Amazing
relationships between orthodox and smritis can also lead to suspicion that the rules of the
Laws of the Laws (Shyamistri, 1951) and the earlier rules governing the principles of the
Dharma had led to suspicion that through economics. Dharmashastras addressed the
Arthashastra rulers and taught the state (Sivaravu, 1992) while teaching his own self,
teaching his thesis and deviating from the ritual deviation through it,

Consumer Protection in Ancient India: A Historical Background:-

In ancient India, all sections of society followed Dharma-shastras 1


(“Dharma”), which laid out social rules and norms, and served as the guiding
principle governing human relations. The principles of Dharma were derived from
Vedas2. Vedas were considered the words of God, and law was said to have divine
origin which was transmitted to the every one and also transmitted to the
sages3.

Thus,Vedas were the primary sources of law in India 4.

Many writers and commentators of the ancient period documented the living
conditions of the people through their innovative and divine writings, including Smriti
(tradition) and sruti (revelation), and also prescribed codes to guide the kings and
rulers about the method of ruling the State and its subjects.

Among the Dharmas, the most authoritative texts are a) the Manu Smriti; b)

1
Codes of morals. They also deal with the rules of conduct, law and customs.
2
Shraddhakar Supakar, Law of Procedure and Justice in India, 38 (1986). Veda means knowledge.
There are four Vedas: the Rigveda, the Yajurveda, the Samaveda and the Atharvaveda.
3
Ibid. at 39
4
Ibid. at 41
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the Yajnavalkya Smriti; c) the Narada Smriti; d) the Bruhaspati Smriti; and e) the
Katyayana Smriti. Among these, Manu Smriti was the most influential.

Trade during the Vedic times

Rig Veda has many references to marine trips for commercial and other purposes. God has
been credited with the knowledge of ships with knowledge of the marine routes. Later urban
heritage developed in cities such as Harappa and Mohenjodaro developed commercial and
commercial relations with Sumer, Egypt and Crete. Lotal in Gujarat was one of the largest
seaport towns at that time, a huge dagyard built of bricks. In the Old Testament, between
1400 B.C. Under King Solomon's (c.800.BC) rule, Hiram, Tire king, and a navy started a
quarterly journey to the eastern countries of gold, silver, ivory, monkeys, peacocks, almond
trees, ornaments and precious stones. Harbor ships loaded these ships on ships, and these
Ophir scholars were found with Port Afir or Sopara on the west coast of India.
A.D. from the 1st century. 5The demand for the Roman world in India has spices and
perfumes, precious stones, lyrical, silk, muslin and cotton. Roman merchants paid these items
in gold and silver. 77 A.D. Pliny perfumes and personal jewelry suffered at a cost of waste,
which drove the Roman Empire to hundreds of millions of casts per year. Their services were
required from Rome, gold, wine and possibly Roman soldiers and courtesy of the South
Indian kings. Indian goods sold their original price 100 times. Augustus visited four
embassies after coming from India. Roman coins of Augustus and Tiberius era are found in
Punjab and Coimbatore and in Hazara district of Madurai district of Tamil Nadu. To ship
ships to the lighthouse ships. The light house was located in the river Cauvery, built of a
brick and mortar or a large Palmira trunk, with a large oil lamp on it.

Kautilya’s Arthashastra

The Arthashastra and yajnavalkyasmriti also mention the malpractice of


adulteration and accordingly recommend punishment for the offence. The
Arthashastra for instance, recommended imposition of a fine of twelve panas on a
trader who adulterated grains, fat, medicine, perfumes, salt and sugar and etc..

Manu Smriti, Kautilya’s Arthashastra is considered to be a treatise and a


prominent source, describing various theories of statecraft and the rights and duties of
subjects in ancient society6. Though its primary concern is with matters of practical
administration7, consumer protection occupies a prominent place in Arthashastra. It describes
the role of the State in regulating trade and its duty to prevent crimes against consumers.
Between 400 and 300 B.C., there was a director of trade whose primary responsibility was to
monitor the market situations. Additionally, the director of trade was made responsible for
fair trade practices. The director of trade was required to be “conversant with the differences
5
Rajendra Nath Sharma, Ancient India According to Manu 142 (1980).
6
See R.P.Kangle, The Kautiliya Arthasastra-part II (2ed. 1972) [hereinafter Kangle Part II]
7
R.P. Kangle, The Kautiliya Arthasastra. Part III A Study 116 (2000) [hereinafter Kangle Part III]
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in the prices of commodities of high value and of low value and the popularity or
unpopularity of goods of various kinds whether produced on land or in water [and] whether
they arrived along land-routes or waterroutes, [and] also [should know about] suitable times
for resorting to dispersal or concentration, purchase or sale8.” The director of trade advised to
“Avoid even a big profit that would be injurious to the subjects. He should not create a
restriction as to time or the evil of a glut in the market in the case of commodities constantly
in demand.9”
During this period, several measures were taken to maintain official standards of weights
and measures. Kautilya observed, “The superintendent of standardization should cause
factories to be established for the manufacture of standard weights and measures.” 10 He
further said “[the superintendent] should cause a stamping [of the weights and measures] to
be made every four months. The penalty for unstamped [weights] is twenty seven panas and a
quarter. [Traders] shall pay a stamping fee amounting to one kakani every day to the
superintendent of standardization.”11 According to Kautilya, ‘the trade guilds were
prohibited from taking recourse to black marketing and unfair trade practice.” Severe
punishments were prescribed for different types of cheating. For example, “for cheating with
false cowrie-shells,dice, leather straps, ivory-cubes or by sleight of hand, [the punishment
shall be] cutting-off of one hand or a fine 12.” The rights of the traders were also well
protected. Kautilya said, “On the subject of the return of an article purchased or payment of
price thereof, there was fixed rule of time, after which an article could not be returned13.”
During Chandragupta’s period14, in which Kautilya lived, good trade practices were
prevalent. For example, “Goods could not be sold at the place of their origin, field or factory.
They were to be carried to the appointed markets (panya sala) where the dealer had to declare
particulars as to the quantity, quality and the prices of his goods which were examined and
registered in the books15.” Every trader was required to take a license to sell. A trader from
outside had to obtain permission. The superintendent of commerce fixed the whole-sale
prices of goods as they entered the Customs House. He allowed a margin of profit to fix retail
prices. Speculation and cornering to influence prices were prohibited. Thus, the State bore a
heavy responsibility for protecting the public against unfair prices and fraudulent
transactions. There were severe punishments for smuggling and adulteration of goods. For
example, public health was guarded by punishing adulteration of food products of all kinds,
including grains, oils, alkali, salts, scents and medicines16.
Also during Chandragupta’s period, easy access to justice for all, including consumers, was
considered of great importance. The king was the central power to render justice. According
to Kautilya, “The king should look to the complaints of the people [of the town and village]
in the second part of the day. The mobile and circuit courts worked at night, when necessity
8
Kangle Part II, supra note 19, at 127
9
Id
10
Id. at 134
11
Id. at 137
12
N. Dutta, Origin and Development of Criminal Justice in India 26 (1990)
13
Supakar, supra note 3, at 202
14
Chandragupta Maurya ranks as one of the India’s greatest rules. The period dates back to 323 B.C
15
Radha Kumud Mookerji, Chandragupta Maurya and his Times 204 (4th ed. 1966)
16
Ibid. at 140
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arose. They also must have worked on holidays in urgent matter 17s.” The king was required
to pay full attention to the truth and he was primarily responsible for administering justice.
Everyone could approach the king’s court for justice. However, standing was strictly
followed. The king only entertained cases if the aggrieved presented a valid complaint. The
king was directed not to “foster litigation by starting an action without a complainant, and
moreover, [the king was told that] no complaint should be taken notice of when it proceeded
from a person altogether unconnected with the person aggrieved.” In addition to this,
different set of courts were prevalent in ancient India.
The court system during Kautilya’s time was well organized. There were two different
benches comprising judges and magistrates to try civil and criminal cases. In civil matters,
the judges themselves were empowered to take cognizance of the cases of disadvantaged
persons who could not approach the court, for example, the cases concerning ascetics,
women, and minors, old, sick and helpless people. Thus, rendering justice was regarded as
one of the essential duties of the rulers, and care was taken to ensure that justice was
accessible to all. Indeed, this emphasis on justice for all remains a cornerstone of India’s legal
system.

Manu Smriti

Manu Smriti describes the social, political and economic conditions of ancient society.
Manu, the ancient law giver, also wrote about ethical trade practices. 18He prescribed a code
of conduct to traders and specified punishments to those who committed certain crimes
against buyers. For example, he referred to the problem of adulteration and said “one
commodity mixed with another must not be sold (as pure), nor a bad one (as good) not less
(than the property quantity or weight) nor anything that is at hand or that is concealed”. The
punishment “for adulterating unadulterated commodities and for breaking gems or for
improperly boring (them)” was the least harsh. Severe punishment was prescribed for fraud in
selling seed corn: “he who sells (for seed-corn that which is) not seed-corn, he who takes up
seed (already sown) and he who destroys a boundary (mark) shall be punished by
mutilation.” Interestingly, Manu also specified the rules of competency for parties to enter
into a contract. He said “a contract made by a person intoxicated or insane or grievously
disordered (by disease and so forth) or wholly dependent, by an infant or very aged man, or
by an unauthorized (party) is invalid.”
During the ancient period, the king had the power to confiscate the entire property of a
trader in two instances when the king had a monopoly over the exported goods; and when
the export of the goods was forbidden. There was also a mechanism to control prices and
punish wrongdoers. The king fixed the rates for the purchase and sale of all marketable
goods19. Manu said “man who behaves dishonestly to honest customers or cheats in his prices
17
Supakar, supra note 3, at 114-15
18
Historical Evolution of Consumer Protection and Law in India: Dr. A. Rajendra Prasad – Journal of
Texas Consumer Law – Pg. 132.
19
Rajendra Nath Sharma, Ancient India According to Manu 142 (1980)
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shall be fined in the first or in the middle most amercement.” There was a process to inspect
all weights and measures every six months, and the results of these inspections were duly
noted.
All these measures show how effective ancient society was in regulating the many wrongs
of the market place. These measures also show how developed the system was in identifying
the market strategies of traders. Thus, Manu Smriti effectively dealt with various consumer
matters, many of which remain of great concern in modern legal systems.

Trade during Gupta Period

Industry and trade were generally prosperous during the latter period. There is a balance of
foreign trade. The main change in foreign trade is the decline of Roman trade. Mujirius,
Arikamedu, Kaveripattana, three important south ports have lost their significance. Two types
of merchants in the period of Gupta are Shridhi and Sharthava. Luxury goods Main articles of
long trade. Internal trade used by roads and rivers. Foreign trade is used by the sea and land.

During the Gupta period, Indian harbors always have links to the island of Sri Lanka, Persia,
Arabia, Ethiopia, Byzantine Empire, China and the Indian Ocean. Sri Lanka is the island's
foreign trade and the main seaport in both inter-oceanic trade between the east and west. The
size of India's foreign trade with China increased significantly during the Gupta period. China
Silku China is a good market in India.

In the latter part of this period, trade relations with Western Asia formed. This trade has
strengthened old business relations between India and the Western world.

According to the Cosmos, from the east coast of India to Sri Lanka, ginger, salt-wood, and
sandalwood were exported. They were exported to Western and Persian and Ethiopian ports.
Horses have been imported from North-West India.

The following is the highlight during the Gupta period20

• Silk Route linked India to other markets.

• Indian merchants traded cashmere, cotton, spices for Chinese silk.

• Gupta, Tamil kingdoms in southern India traded actively most of by sea.

• Indian sailors used seasonal winds for getting into foreign mark

20
R.C. Majumdar , Ancient India (1977).
10

Through the Gupta Empire, trade was conducted through both land and water. Although the
pack animals and bulls were used to transport goods through the road, ocean journey began
with the help of many Indian ships that often traveled around the Arabian Sea, China Sea and
the Indian Ocean. In fact, trade is also evidence with some parts of Western towns such as
Ujjain, Prayag, Banara, Gaya. Rivers such as Ganga, Narmada, Krishna, Godavari, Kaveri
and other sea routes have become a popular means of maritime trade. As a result, ships were
built.

Tamalli, also known as Tamlikli, is an important port for trade with China, the Eastern
archipelago and western Asia. Export items are mainly included: gold, silver, copper, tin,
lead, silk, camphor, dates and horses: clothes, perfumes, pearls, precious stones, indigo,
drugs, coconuts, ivory goods etc.

Merchant and Artisan Guilds

Traders and traders were grouped together and Nigamas, Sreeti-Vanizhas and Sarawahas
were called by Kalidasa. Kathayana and Narada (Lawrence) Gana, Pesda, Puga, Vrata, Srini
and Nigama are referred to as groups. Panini defines Srini at a meeting of people after
general art or commerce. Srini is a common term used by businessmen and artist groups.
Nicka is a special term for the merchant guild. Financially controlled business on a personal
and shared basis was called Sheshin. Manu and ancestors are classified as part and parcel of a
vast portion known as a community or class that acts according to its rules. According to
Yajnavalka, the group's business-run advisors were organized. The band also assigned
jurisdiction over their executive functions. According to Kathayana, there are four
partnerships to share profit on Thursdays, such as Sikshaka (Apprentice), Abhinjana
(Advanced Student), Kusula (expert) and Acharya (teacher). Guilds were independent bodies
with their own rules, regulations and by-laws, which were generally accepted and respected
in the state. Many of these congregations are very wealthy. For example, in the 1st century,
Vidisa's ivory workers were in a position to provide one of the four monumental monuments
of the great Stupa at Sanchi. Guild A.D. The Mandosor Statute reveals that in 436 the city
built a Sun Temple. In time the temple fell into ruins and 472 A.D.

Salient features of Merchant and Artisan Guilds

The trade unions, which are opposing to stolen the merchants' roads, have their goods
traveling through long-distance roads.21 For some time these groups expanded their
operations and served as banks; To lend money to fellow members and to make money with
them and to attract people who participate in philanthropic activities. Taking into
consideration their increasing importance, they invested themselves in the rules (guild
members) and their leader in the royal court.

21
R.C. Majumdar , Ancient India (1977)
11

Each guild has a special seal made of bronze, copper, ivory, or rock, contains a banner and
festivities flywick in the procession in festivals. These are sometimes given by the Royal
Charter. Guild Masters were nominated by a succession heritage or election, and were known
as Jytesta (Large), Surshen (Best) and Mahata (most important). He participated in prominent
meetings that were convened at the King and Regional Councils and assisted by Secretary
(Kayasta).

The Guild Master was a magistrate to arbitrate a case or to expel a refractory or offensive
member. He is the leader of the army to assure every army of its security. During the war,
soldiers of all soldiers were added to the royal army.

In Bursar, 274 ceiling bankers, merchants and traders grouped in the largest Indian towns and
cities in northern India, the oldest vicis in the Guptas regime, The guild has great fame and
status; It was a joint venture with the office of the Great Gupta Empire's successor.

Based on a number of epigraphical sources and the pastoral organization is based on a


comprehensive list of 24 professions of the existing Jatakas. There are suggestions on groups
of artists who provide weavers, bearded, oil-millers, bamboo workers, drugs, potters, corn-
dealers and hydraulic engines. These unions are self-governing bodies. These categories
combine the same occupation or craft members, contribute their business to each other, and
banks give loans and receive deposits on interest. The interest rate will be between two to
twelve percent a year. These groups controlled productions, fixed prices and salaries and
prevented unhealthy contests. They got trained.

Trade and Commerce

During the period under review trade and commerce was in a flourishing condition.Not only
was there a coasting trade between different parts of India,but a regular mercantile traffic was
carried on between India on the hand and the Eastern and Western countries on the other.
Ships plied between portion the Bay of Bengal and those as Further India,islands in the
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Indian Archipelago,and China.The people of Kalinga and the Tamil States had also a great
share in this traffic,and there was regular commercial intercourse between the eastern coast
of India and the western countries such as Western Asia, Africa and Europe.

Economic Condition

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The most striking development of this period was the thriving trade between India and the
Western world.The Mauryas had improved internal communications in the country.They
constructed the highway from Pataliputra to Taxila Pataliputra was connected by road
to Tamralipti in the Gangetic Delta.It was the chief port for the ships sailing to Burma

22
R.C. Majumdar , Ancient India (1977).

23
V D Mahajan , Ancient India(1960) 8th Edition.
12

and Ceylon.Land routes to South ,India were developed after the Mauryas .Those
were mainly along the river valleys,the coasts and often through mountain passes.

The invasions of the foreigners and their settlements in India gave an impetus to
trade.The conquest of North-Western India by the Indo-Greeks,the Sakas and the
Kushanas promoted closer contact with Western and Central Asia.The route known as
the Silk Road connected China with the West Asian provinces of the Roman Empire.

Debt and Rate of Interest24

To protect customers, ancient India has clear rules for financial services. Prevail

The interest categories given by Narada and Brihaspati are listed in Figure 1 and Figure 2
respectively.

Types of Interest

Periodical Interest
Kayika Interest
(by month)
(¼ pana paid everyday regularly
Without diminishing principal )

Stipulated Interest
(as promised by debtor
Compound Interest
In the time of distress)
(Interest on Interest)

Figure 1. Narada’s Classification of Interest

Source: Buhler, 1886.

Note: Value of one pana is suggested to be a shilling (Mahajan, 1990)

24
Pratiba Goyal"et al",Journal Of Human values,19(2),Consumer Protection Law In Ancient India,147-
157(2013).
13

Types of Interest

Kalika Bhogalabha
(Due every month) Kakra (interest by enjoyment
(Compound interest) Paid by use of
Mortgaged property)

Karika Shikhavriddhi
(Stipualated interest (hair interest or the
Promised by debtor) One received
everyone )

Kayika Interest
(connected with bodily labour)

Loan in the Form of (Kind) Extent of Growth of Interest According to

Narada Smriti Brihspati Smriti

Gold 2 times the principal 2 times the principal


Grain 3 times the principal 4 times the principal
Clothes 4 times the principal 3 times the principal
Fruits/Wool/Beasts (No mention) 4 times the principal
Liquids (oil, spirituous liquor) 8 times the principal 8 times the principal
Pot Herbs (No mention) 5 times the principal
Seeds and sugarcane (No mention) 6 times the principal

Source: Jolly, 1889

The interest rates indicated by creditors are charged only. Manu, Narada and Brihasati is a
monetary lender, usually the eighth part of each month, which is added to the fixed interest
rate. It is 1.25 percent annually or 15 percent per year. This rate is applied when a loan is
secured by a pledge. According to Manu and Narada when the lender does not provide
security, the interest rate of two, three, four or five percent per month is taxable. But in the
case of honest persons, from any caste, a two per cent interest rate is allowed. However, a
lucrative pledge (income from profits), for example, is given a milk cow or a fertile field, and
does not charge any interest. Or the seller could sell the pledge given to him. Temporarily or
without deposit loss; They were both caught up. If a pledge is made without the permission of
the owner, the lender will have to pay compensation for such use by the lender. If the pledge
14

is used by force, all interest is lost. If it is corrupt, the original lender will have to pay for its
owner, otherwise the lender believes that the pledge has been stolen. Interest can vary
according to the use and use of morphine smear. As the principal is three or four or eight
times bigger, in some areas, the chance of increasing the number of principals increases.
Gold, cereals and garments are an octopla for three, three and four times the main and liquid
deposits respectively. But according to Brihmachim, double the interest on gold, three times
the clothes and four times the lead on the grains (Table 1). If Manu's debt is not payable (at
fixed time), if the desire to renew the contract, it can be renewed after paying the interest.
According to the Kutulaya, only a pan (silver coin) and a monthly pan pana is only one
hundred percent. The five per cent commercial interest rate per month. There are ten pigs in
the forest in the month of the month. Twenty-five gallons per month in marine traders. People
who charge higher interest rates were punished with massive penalties. The nature of the
transaction between lenders and debtors depends on the welfare of the state. Interest in grain
is not valuable in the best harvest season. The interest rate on the shares is one half and will
be payable in the order of each year. If it is not interested or acting as principal, it has to pay
four times fine on the amount of its original principle and the interest controversy. Farmers
and government employees do not pay their debts if they are engaged in their work.

Control Over Services

Consumer protection protection is an important part of the welfare of the people. The
tendency25 to steal valuable metals from articles, artists, artists and articles of gold shields has
to be widespread in order to provide an extensive description of methods and punishments for
methods of coupons. In the case of gold smiths, weight, substitution, interchange, cutting,
cutting, rubbing from precious metals, and details of penalties and penalties in such cases
reveal. Items handed to artists for repair or manufacture are guaranteed by a proper guild. The
work will be completed within a specified period. Each artist or artist is responsible for
compensating the owner if the assignment is lost or destroyed, which is due to a sudden
disaster (Rangarajan, 1992). Customers are protected from misconduct by service providers.
Manu Smirti is a washer to wash gently on the soft board of a knife (his employees' clothes),
and he allows one person's clothes to come back and allow the owner to wear them.
Similarly, Kutulya, if a laundry does not wash clothes on wooden plates or on a soft stone, he
will have to pay six penalties and pay compensation. Controversy about dyeing was decided
by experts. Implementing time limits to providing economics services. One day, a dress will
be made to repain the white dress like jasmine, wash clothes to get natural color in two days,
and clothes should be made by removing dust from the wash in three days. In five days, the
dress that is thin is colored in blue and white, beautiful and locked, saffron or shining blood
red in seven days. While this time limit and quality are not monitored, payment has been
made and a penalty is imposed. Coutilla is given in Time Table 2 for washing and dyeing
clothes as provided.

25
Pratiba Goyal"et al",Journal Of Human values,19(2),Consumer Protection Law In Ancient
India,147-157(2013).
15

If the fees were to be charged for weaving, the thread grew by increasing the oil by increasing
the oil he had not been fined twice for loss or loss of oil, but lost his wages. Even if the length
is lost, losses are removed from the wages and equal to twice the risk. The damage was
punished equal to the loss of four times. The alternation of other types of yarn is roughly
equal to two times the original value. Consumer protection is also available in medical
services. Doctors must inform the authorities before taking any treatment that is at risk for the
patient's life. In the case of errors in various services, half of the fine prescribed penalties are
listed in Table 3.

Table 2. Time Allowed for Washing or Dyeing of Clothes (as prescribed by Arthshastra)

Type of clothes Time allowed for


washing/dyeing

Whites Unbleached 1 day


Stone washed 2 days
Semi bleached 3 days
Fully bleached 4 days
Coloureds Light red 5 days
Blue 6 days
Saffron, lac, blood red 7 days
Fine clothes requiring special care 7 days
Table 3. Arthshastra’s Provision of Fines in Case of Deficiency in Services

Deficiency in service Fine/punishment

In case of weaver

Loss in length Loss deducted from wages and fine equal to twice the
wage
Loss in weight Fine equal to our times the shortfall
Loss in quality (substitution by inferior Fine equal to twice the value of loss
yarn)

In case of washerman

Washerman wears clothes of customer 3 panas


Selling/mortgaging/letting out for hire the 12 panas
clothes of customer
Substitution of clothes Fine equal to the twice the value of clothes and
restoration of original clothes
16

For keeping clothes longer than the Fine proportionate to the delay
allowed time
Losing or substituting customer’s garment Compensation of value of garment and fine
equal to twice the value of garment

In case of goldsmith

Stealing of gold equal to weight of a masha 200 panas


Stealing of silver equal to weight of a masha 12 pana
Stealing of whole gold by deceitful 500 panas
combination/ substitution by cheaper metal
or alloy

In case of medical practitioner

Treating a patient for dangerous disease 48–96 panas (First amercement)


without informing the government
Death of patient due to carelessness in 200–500 panas (Middlemost amercement)
Treating
Growth of disease due to negligence or Case treated as that of assault or violence and
indifference of doctor punishment on case to case basis

* Breach of Contract of Service

Failure to provide a promised service is stated as a violation of the contract. According to


Manu, a service provider has failed to deliver the goods at the time and place of promise, and
the customer is not required to pay. According to Narada Smriti, he abandoned the agreed
objects to inform its destination, giving the sixth part of the wage. If a businessman did not
bring the burden or the animals after hiring them, he would have to pay the fourth and the
sum if he left them half way. As a result, the carrier lost (his belongings) failed to transport
his wages. If he opened up the difficulties he started, he would have to pay twice the wages.
When the goods were damaged by the faults of the carriers, he made every damage (Jolly,
1889) better. According to Manu, a man living in a village or town living in a village or city,
disbanded after a settlement, he retired, expelled the king, and six Nashkas, four suvarnas and
silver was a flawed compensation. Bihasati's punishment for such a person is his total
property confiscation and expulsion from town. Such a person is separated by family and
artistic association. The guild leader was also accepted by the king as to what kind of
punishment was awarded, as guild's leader was declared guild's manager (Jale, 1889).

Sale and Purchase of Goods


17

According to Manu Smriti26, one object that is not connected to other objects is neither pure
nor bad, nor less than the correct size or weight or in the hands or in the hand (Buhler, 1886).
Seed corn is a severe punishment for fraud: 'Seeds Seed Seed Seed Seed Seed Seed Seed
Seed Seed Seed Seed Seed Seed Seed Seed Seed Seed Seed Seed In Seed Corn 'A person
with honest customer or cheats in his price or quality should be penalized in the first or most
different manner. These techniques show how efficient the old society is in controlling many
of the market criteria and indicates how much the system has developed to identify traders'
market strategies (Prasad, 2008).

When a seller shows a subject and sends others with spots, he has to pay the buyer twice a
value and equal amount. If a seller sells a story to an individual, if it is delivered to another
person, he must pay the buyer twice a value and pay a fine on the King (Theogagazine,
2008). The wrong-doer has been fined eight times the value of the product (Buhler, 1886) in
order to specify his goods or misrepresent the quality or quantity of the object. According to
Narada and Brihaspati, a person who sells an article, despite the introduction with its
scarring, is worth the buyer twice and the same amount of the king (Jale, 1889) to pay fine.

Articles such as timber, iron, bright stones, ropes, skins, clay vessels, threads, saturated
clothing and woolen clothing will be sold, although they are really small and have been
punished for eight times the value of articles sold. When a salesman sold a low-level product
to a higher position, when he sold articles in some areas, such as a region, the sale of some
fictional goods, or fraudulent combinations, or substituting articles for those who sold it, he
was not punished with 54 pawns but was forced to do the damage. The penalty was awarded
to 1000 panels who were less conservative. Punal, oils, alkalis, salts, scents and drug articles
are penalized with 12 panels (table 4) with fine similar articles.

Table 4. Fines on Merchants in Case of Malpractices (as prescribed by Arthshastra)

Malpractice Fine

Selling underweight commodities 3–12 panas


Fraud in articles sold by counting 96 panas
Misrepresenting quality of article 54–200 panas
Charging higher than authorized price 54–200 panas
Higher than authorized profit margin 200 panas for every 5 per cent higher
profit than the authorized one
Adulteration of grains, fats, sugars,
salts, perfumes and
medicines with similar articles of no quality 12 panas
Cartelization for lowering quality, increasing
profit or obstructing sale/purchase 1000 panas
Hoarding with aim of selling at higher price 1000 panas
Source: Shamasastry, 1951 and Rangarajan, 1992.

26
Pratiba Goyal"et al",Journal Of Human values,19(2),Consumer Protection Law In Ancient
India,147-157(2013).
18

Table 5. The Time Period for Rescission of Sale or Purchase (as prescribed by Arthshashtra)

Purchase from Time period for rescission of purchase

Merchants One night


Cultivators Three nights
Herdsmen Five nights
Goldsmiths Seven nights
Source: Shamasastry, 1951 and Rangarajan, 1992.

* Rescission of Purchase

If the buyer is not satisfied with the quality of the item, Manu may return to the seller within
10 days, according to Smita, but Narada Smriti is a silly bargain after a buyer bought an
article for a specific price, he might return in a undamaged situation, returning it to the seller
the same day. On the second day the buyer returns, he loses ten of the price. He loses twice
on the third day. After that time, the buyer has to keep it up. In the economy, buyers can
return items with inherent defects or for quality. If the article does not have any fault, if the
customer tries to bring it back, he will have to pay a 12 pawn penalty. The timeframe of the
sale or purchase suggested by the hospital is given in Table 5.

*Non Delivery of Goods

Narama Smriti If a person sells the property for a certain price and does not hand it over to
the buyer, it will have to pay its product if it is inconsistent and the profits on it, if it is
moving property. If the fall in the market value of the article in the question (break, the
buyer), the article is different from the difference (in value). This place applies to the same
residents; But in the case of traveling abroad, the benefit from foreign affairs (as well). If the
article (sales) is wounded or destroyed by fire or abandoned, the seller has to pay a loss while
it is not given after the sale. Similarly, if a man sells to one person and distributes it to
another person, he has twice given compensation and is paid a fine to the king.

Regulation of Price

The price of the sale of all selling goods after the state or factions took into consideration
their origin, destination, time-taking, time spent, and potential profit and potential cost
(Thapar, 2002). According to the nature of the five nights or objects, Manu 27 suggests that the
king should decide the price of the kings that are close to each fortnight or every month. Let's
not let the king let the prices for the purchase and sale of all the merchandise, where they
come, where to go, where to go, how long, the potential profit and the probable cost.
According to Manu, an honest customer or cheating person is punished in the first or
mediocre practice. According to Yaznavlakaya, daily purchases or sales should be performed
27
Pratiba Goyal"et al",Journal Of Human values,19(2),Consumer Protection Law In Ancient
India,147-157(2013).
19

according to the market price determined by the king, the difference is the legal gain of the
merchants. Narada claimed that the merchants were profitable in the purchase and sale of
every kind of merchandise for profits. Traders should settle the price and trade away from the
fraudulent transaction to trade according to area and season. Thus the business has become an
honest profession in line with these principles. The question of affordable price is considered
important to avoid harming customers.

The government has shown control over prices and profits. The provincial mechanisms have
been proven by the existence of this purpose. Economics comes in the form of administration
of many government officials responsible for regulating business and industry. Trade
Authority (PY) Authority is the preferred official for the lack of demand or demand of goods
in the market, the timely time for distribution, customer focus and marketing for marketing
and marketing purposes. The price of the wealth determines the e-commerce officers to take
into consideration the interest on the interest, quantity, amount, amount, interest, interest and
other necessary expenses. Or import from the distant country. Consumption of consumers is
considered to be unethical or immoral practice, so commercial supervision is more and more
than 5 per cent gain over the fixed price of the local commodity and 10 per cent of overseas
products. Merchant was penalized with a fine of 5 to 200 pawns, a trader or profit benefitting
the price better than the purchase or purchase. The artists were assured that the council would
have a separate branch for the market they were supervising, and that artists did not cheat.
The Superintendent of Markets (All Party) has been appointed to protect against fraudulent
trading policies (Jha, 1998).

*Monopolies and Anti Competitive Trade Practices

We have acquired monopoly rights on industries in ancient Indian business entrepreneurs,


which have the potential to fill the wider market and the Royal Treasury. The mines and
mineral resources of the king include the monopoly, salt production, plantation products,
forests and fields and some manufacturing materials. Weaving and spinning, gold and silver
work and money were damaged, arsenal and weapons, factories, etc., were employed on the
king's behalf. The benefit of such companies was done in the Treasury. But state monopolies
have not been neglected and the king is not on the laws. In the case of state monopolies, the
Superintendent of Commerce allowed the public to make a profit.

Commercial amalgamations aimed at bringing about artificial increase or fall in prices are
prohibited. Manipulation of price, monopolies and anti-competitive trade practices special
attention from ancient Indian lawyers. The States have taken steps to counter the
entrepreneur's efforts to control the market of any product (monopoly), and thus increase its
price. According to Yajnavalakya directing for merchants combining to maintain prices
against workers or artists while introducing growth or fall in the highest growth price.
Traders should pay a penalty for 1000 pawns against the farmer as a watchman or painter and
against the rest of the artists and artists, and if any of the risks and decreases of king-
controlled market rates are known.
20

Commercial compounds that focus on artificial growth or falling prices are severely
punished. The commercial methods of destroying competition are highly condemned. Cost-
practices like lower sales are prohibited. Vishnu's code and illegal merger of merchants said
that it was a crime to reduce the compensation of the competitors, which was punished by the
highest penalty. Every person has been sentenced to the seller. Merchants who fined to
purchase or buy goods at high prices were fined 1000 pans. Hosting is forbidden. Only
people with authority can collect and store objects. Collection of goods without permission is
confiscated by Commercial Superintendent.

*Weights and Measures

In ancient Indian times, all the weights and actions were properly identified to protect
consumers from the wrong methods of merchants. Manu's law, in a period of six months, will
be scrutinized by a thousand and measurements by the officers of the king. The king
(pioneer) presents the inspection of the semicolon loads and actions. It is the superintendent's
responsibility to obtain weights, standards and balances according to the suggested standards.
The superintendent who used to charge four mashas for stamping was a merchant using
weights and actions for getting them stamped. 27.25 Punishment penalty was imposed by
unloaded weights and actions (shamasi, 1951). Any fraud in the loads and dimensions is
punished.

Consumer Responsibilities

Ancient Indian law wanted the consumer to work in a responsible manner. It is wrong to buy
from an unreasonably low price of the customer or from a secret system or outside the village
or from an honest person. This type of announcement is nothing wrong with the buyer's
purchase, but the fraudulent buyer is considered a thief. In such a case Narada Smriti, the
seller is a buyer offender. A mistake of the consumer purchased from an unknown or
suspicious seller, the article keeping the preservation of another and these two errors are seen
on legitimate plots for each party. According to bihihasati, the buyer had to carefully examine
the product and show it to others, which he accepted after accepting and accepted it, and there
was no freedom to regain it again. Milk livestock can be observed for three days, five days of
the burden of the burden and valuable stones, pearls and coral tests may be extended within
seven days. All types of cereals, iron and clothes are tested in a single day in ten days. If there
is a scar in the cloth then it is found after wearing and washing, the eighth part of the price is
lost by the consumer; The second washing was done in the second place, the fourth was lost,
the third part or the third time was washed and washed four times in half. Manu is writing a
good man with good family, good behavior, good law, good, many relatives, wealthy and
respectful person.

Conclusion

India has an ancient history of consumer protection. It is an integral part of culture and has
established the principal foundation of the administration at the time, when such rules and
21

regulations are missing in other parts of the world. Customers are not in trouble. Margin limit
for merchants was fixed and prices were regulated. Services are timely set up. Weavers,
carpenters, transporter, gold smith, carpenter and doctor, are provided with the rules for
quality service. Details on the possible errors of services and errors are given in the goods
and penalties. The Consumer Protection Act of 1986, such details are missing. The ancient
Indian law was also superintendent of the burden and the Superintendent of Superintendent of
Superintendent and Superintendent of Coins and Superintendent of Coins, and was negligent
in carrying out their duties. This is a negligible factor for officials who want to maintain the
welfare of people and enforce authorization laws if such rules are set in modern times.
Weights and measures are standardized and manufactured by the state agency. These are
regularly checked and identified. Corrupt businessmen have been severely punished for
commodity or low quality goods and paid compensation to consumers. Dharma or moral
values are based on the ancient Indian community business. Human values are in decline in
the current period, and the law must be stricter to protect consumers from the materialistic
practices of entrepreneurial entrepreneurs.

Bibliography

Books :

1.ANCIENT INDIA LAW , Ramjois

2.ANCIENT INDIA , V D Mahajan

3.INTERPERTING EARLY INDIA , Romila Thapur

4.THE PENGUIN HISTORY OF EARLY INDIA FROM THE ORIGIN TO AD


1300,Romila Thapur

5.ANCIENT INDIA,R.C Majumdar


22

Journal Articles :

1.Pratiba Goyal"et al",Journal of human values ,19(2),Consumer Protection Law In Ancient


India,147-157(11 october 2018 7:00 pm).

Online Articles :

1.http://shodhganga.inflibnet.ac.in

2.https://m.jagranjosh.com/general-knowledge/amp/trade-during-gupta-period-
1398074762-1

3.https://ithihas.wordpress.com/2014/05/17/trade-and-commerce-in-ancient-india

4.http://theindianhistory.org/Gupta/gupta-empire-trade.html

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