Brihaspati Yajnavalkya Narada Katyayana

Introdu Assigns premier Arranged 1ST legal Makes up a triumvirate in the

ction place to Manu Manusmriti more commentary realm of Hindu law and
One of the last systematically and not procedure.
Law giver concisely encumbered Rational and refreshing code
3 major categories of with precepts
Indian Law – of religion and brihaspati
PROPER CONDUCT – morality.
ACARA Due to the
EXPIATION – ambiguity of hindu
PRAYASCHITTA the divine law
CRIMINAL LAWS - path, the king
VYAVHARA needs to follow narada katyayana
the visible
path.

Judicial  Explains 3 courts – puga  Compl Constitution of courts of

proced the need  ex one justice
ures for judicial Sreni – The king must examine and
proceedin  recordi decide disputes – learned
gs Kula ng of Brahmanas, elders, ministers,
 Talks 4 stages in a lawsuit plaint well versed in statecraft.
about 10 – 1st writing of the in The litigant to appear before
members plaint and 2nd time writing the court.
of the writing in front of . Interrogation by the king or
Court of the defendant- no  Defend the judge.
Justice – titular mention of ant Representation of the
king , stages could defendant
adhyaksha be Answer of the defendant –
, the appreh admission, denial, protest or a
sabhyas, ended special plea, reference to the
the by an former judgement.
accountan appeal
t, the to the
scribe, the king
king’s until
officer, legal
witnesses summo
and ns
sabhyas, issued
the Smriti,  Defend
gold and ant’s
fire answer
water,adhi recordi
krita/adhy ng-
 akoa denial,
 Four confes
courts – sion ,
PRATISTHT protest
ITA, /
aparisthith special
a, one plea of,
superinten previo
ded by us
Mudrita judge
( the chief ment
judge),  3 kinds
directed of
by the king proof –
himself docum
(sasita) ents,
 Three witnes
courts – ses and
Foresters posses
court, sion
soldiers  Docum
court , ent –
caravan always
merchants strong
court Witnesses –
 Five living
grades of Possession –
court – passage of
Royal time
judges  Judge
 ments
Gana pronou
 nced
Sreni by the
 sabhya
Kula s-
 Four winner
modes of s–
decision – jayapat
dharma, ra,
vyavahara, loosers
charitra, -punish
rajajna ment

Witness Largely twelve 3 fold mode of Two kinds of Proofs – human and divine
es and kinds of witnesses- proofs – documents, documents-  
evidenc subscribing witnesses, one written by Documents, Ordeals
e witness, lekhita, possession + ordeals the executant Possessions,
secret witness, Precise,detailed,auth himself , one witnesses
family witness, a entic,signed by the attested
respectable person witnesses. without
agreed by both the Possession – title witnesses.
parties, prevails over 11 classes of
spontaneous possession unless witness –
witness , indirect the latter be subscribing,
witness hereditary. casual, secret
*witness for Title and possession witness,
boundary disputes combined indirect , co-
– growing established villagers, judge,
importance of the proprietary right. king, an
artisans and Adverse possession acquainted
peasants as a source of one,claimant
Respectable acquisition of right deputed one,
person of same Distinction drawn family
caste of the between the sacred members.
accused - law and secular law Min number - 3
preferred
Minimum no of
witnesses - 3 , but
advices –
9,7,5,4,3,2
(Brahmanas)
A false witness =
slayer of a
Brahmana
Documents - royal
writing, written at
a particular place,
written in one’s
own hand
7 classes of private
documents –
deeds of partition,
gift , purchase,
mortagage
agreement ,
bondage, debt
Regular publicity –
kulas, srenis,ganas
30 years validity of
document
Ordeals- balance ,
fire, water,
poison,sacred
libation, rice
grains, heated
 place of gold,
ploughshare,
dharma.

Civil Proprietary right – Greater emphasis on Laws of Stridhana- women’s absolute

law title + possession civil law inheritance right
Rules for creditor – High rates of interest and partition
hair interest – travellers of forest The daughters
(sikhavridhi) , and sea- 10 and 20 were entitled
interest of percent to inherit in
enjoyment Different interest – the absence of
(bhogalabha) max 8,4,3,2, times sons
Retributive justice the principal Widow – right
Lynching Law of partition and to
More concern to inheritance – maintenance
the gravity of the widow’s right to
offence than caste inheritance,
recognized the
widow as an heir
6 kinds of stridhana
Crimina Theft – Abuse and defamation,
l law nominal fines assault, theft, crimes of
to death violence- caste privileges
Sahasa-violent Crimes of violence - sahasa
crimes Blending of crime and tort
*offences against public
justice
Theft

Punish 4 types of Two types – Mutilation, imprisonment,

ment punishment – gentle corporal and confiscation of property, exile,
admonition , harsh monetary death
reproof , fine and Assault – mutilation of body
corporal punishment parts.
Banishment
Capital punishment
Punitive measures-
sacred writings