MAHARASHTRA NATIONAL LAW UNIVERSITY MUMBAI

Name: Vasudha gurav

Roll number: 2022 122

Section: B

Course: B.A., LL.B(HONS.)

First-year, second-semester

Subject: Legal and Constitutional History

Topic: "Dharmic Justice: Unveiling the Judicial System of Ancient India”

Submitted to Mr. Amit Kumar

Submitted on:
Contents
Introduction...........................................................................................................................................2
Judiciary in ancient India.....................................................................................................................3
Ground of litigation and classification of dissputes in ancient india..................................................4
Jury system in ancient India.................................................................................................................6
Judicial psychology in Ancient india....................................................................................................6
Interpretation of legal documents in ancient India.............................................................................7
Punishments in ancient india................................................................................................................9
Conclusion............................................................................................................................................10
Introduction
The judicial system in ancient India was an intricate and complex system that evolved over
thousands of years. It was characterized by a rich tradition of legal thought, principles, and
practices that were deeply rooted in the social, cultural, and religious fabric of ancient Indian
society.

The legal system in ancient India was primarily based on religious texts, philosophical treatises,
and customary laws that governed different communities and regions. It was marked by a strong
emphasis on fairness, justice, and the preservation of social harmony. The principles of dharma
(righteousness), karma (actions and consequences), and Nyaya (justice) were central to the
ancient Indian legal system.

Ancient India had a well-structured legal framework that encompassed various aspects of law,
including civil, criminal, and administrative matters. Legal disputes were resolved through a
hierarchical system of courts, which were presided over by qualified judges or jurists. These
courts followed established procedures, rules of evidence, and principles of natural justice in
adjudicating disputes.

The legal system in ancient India also recognized the importance of mediation, arbitration, and
other alternative dispute resolution mechanisms for resolving disputes. Village assemblies,
known as sabhas and samitis, played a significant role in settling disputes at the local level, using
customary laws and local practices.

The ancient Indian legal system was highly influenced by the varna (caste) system, which was a
social stratification system that governed many aspects of life, including law and justice. The
Brahmins (priestly class) were considered the custodians of dharma and were responsible for
interpreting and applying the law. The Kshatriyas (warrior class) were entrusted with the task of
maintaining law and order, while the Vaishyas (merchant class) and Shudras (laborer class) had
their own set of rights and duties.

In addition to the textual laws and customary practices, ancient India also had a rich tradition of
legal schoclarship and treatises. Prominent legal texts such as the Manusmriti, Yajnavalkya
Smriti, and Arthashastra provided detailed guidance on various legal matters, including property
rights, family law, contract law, and criminal law.

The judicial system in ancient India was a complex and multifaceted system that incorporated
legal, social, cultural, and religious elements. It reflected the values, norms, and aspirations of
ancient Indian society, and its principles and practices continue to influence modern legal
systems in India to this day.

Judiciary in ancient India

The judiciary in Ancient India was an integral part of the legal system and played a crucial role
in the administration of justice. The judiciary in Ancient India had several key features:

1. King or ruler as the ultimate authority:

The king or ruler was considered the ultimate authority in the dispensation of justice in
Ancient India. The king was responsible for upholding the law, maintaining social order,
and ensuring that justice was administered impartially. The king was also the final
appellate authority and could review and overturn judgments.

2. Courts and tribunals:

Ancient Indian societies had courts and tribunals that were responsible for adjudicating
disputes and administering justice. These courts were presided over by judges who were
expected to be knowledgeable, impartial, and fair in their judgments. The judges were
often scholars or learned individuals who were well-versed in the legal texts and
principles of justice.

3. Legal texts and scriptures:

Ancient Indian legal systems were based on principles laid down in legal texts and
scriptures, such as the Dharmaśāstras. These texts provided guidelines for judges to
interpret and apply the law, and they were considered authoritative sources of legal
norms. Judges relied on these texts to make decisions in cases that came before them.
 4. Principles of justice:

Ancient Indian legal systems emphasized principles of justice, such as fairness, equity,
and impartiality. Judges were expected to uphold these principles in their decisions and
ensure that justice was administered without favoritism or bias. These principles were
based on the concept of Dharma, which encompassed the idea of righteousness and duty.

5. Legal procedures and due process:

Ancient Indian legal systems had well-defined procedures and due process for the
administration of justice. These procedures included rules of evidence, examination of
witnesses, and the right to be heard. The aim was to ensure that justice was administered
fairly and according to established legal procedures.

6. Punishment and restitution:

Ancient Indian legal systems had provisions for punishment and restitution. Punishments
were intended to serve as a deterrent and to maintain social order, and they could include
fines, imprisonment, exile, or even the death penalty. Restitution was also an important
aspect of justice, and judges could order compensation or restitution to the victim or the
aggrieved party.

7. Role of legal experts and advisors:

Judges in Ancient India often sought the advice of legal experts and advisors in making
their decisions. These legal experts were scholars or learned individuals who were well-
versed in the legal texts and principles of justice. They provided guidance and
interpretations of the law to assist judges in reaching their judgments.

It's important to note that the judiciary in Ancient India was not uniform and evolved over time,
with variations in legal practices, customs, and traditions across different regions and time
periods. The understanding and interpretation of the judiciary in Ancient India require careful
consideration of historical context and cultural nuances, and may not necessarily align with
modern concepts and practices of judiciary
Ground of litigation and classification of dissputes in ancient
India

Grounds for litigation in ancient India were diverse and covered a wide range of areas, including
civil, criminal, and administrative matters. Some of the common grounds for litigation in ancient
India included:

1. Property disputes:

Disputes related to land, property ownership, inheritance, and boundaries were prevalent
in ancient India. Legal texts such as the Manusmriti and Yajnavalkya Smriti provided
detailed guidance on property rights and inheritance laws, which were often the basis of
property-related litigation.

2. Family disputes:

Family disputes, such as those related to marriage, divorce, adoption, and succession,
were common in ancient India. Family law was an important area of litigation, and legal
texts provided guidelines on marriage, inheritance, and other family-related matters.

3. Contractual disputes

Disputes arising from contracts, loans, debts, and other commercial transactions were
also grounds for litigation in ancient India. Legal texts such as the Arthashastra provided
guidance on contract law and commercial transactions, and disputes were resolved
through legal processes.

4. Criminal offenses:

Criminal offenses, such as theft, assault, adultery, and murder, were subject to litigation
in ancient India. Legal texts and customary laws prescribed punishments for various
criminal offenses, and courts were responsible for adjudicating criminal cases and
delivering justice.
 5. Administrative disputes:

Disputes related to administrative matters, such as taxation, revenue collection, and

governance, were also grounds for litigation in ancient India. The king or ruler, as the
supreme authority, had the power to settle administrative disputes, and courts were
established to hear such cases.

6. Personal disputes:

Personal disputes, such as disputes among individuals or communities, were also grounds
for litigation in ancient India. These disputes could involve issues such as defamation,
property damage, or disputes over social customs and practices.

7. Religious and caste-related disputes:

Disputes related to religious practices, customs, and caste-related matters were prevalent
in ancient India. The caste system played a significant role in shaping social and legal
relationships, and disputes related to caste discrimination, social status, and religious
practices were subject to litigation.

Stages of administration of justice in ancient India:

Courts in ancient times followed an established procedural structure. Anyone who has been
damaged by the behaviour of another is entitled to file a Pratijna (complaint) with the court. Prati
Vadin was the Defendant, and Vadin was the Plaintiff. According to Dharma Kosa, the plaint
should be brief in words, abundant in meaning, clear, free of immaterial facts, empty of
unsuitable reasoning and arguments, accurate and not logically inconsistent, and include a
purposeful request directed at the defendant of the respective case.

The administration of justice in ancient India consisted of several stages. The king was the
highest authority in the court and had original and appellate jurisdictions. The Court of Chief
Justice assisted the king and consisted of a board of judges. Villages had Village Councils,
similar to modern-day Panchayats, which dealt with small civil and criminal cases and had five
members dispensing justice. According to Brihaspati, the judicial procedure had four stages:

1. filing of plaint
2. reply to the plaint
3. trial and investigation
4. verdict and decision.

Evidence was based on documents, witnesses, or possession, and each party had to prove their
contentions during the trial. Further, during the course of trial, each party to the case was
required to prove one’s content with the support of certain evidence.

Court fees were imposed on both the plaintiff and the defendant in ancient India, with the
judgment debtor required to pay five percent of the lawsuit amount, and the plaintiff obligated to
pay an equivalent amount. The trial process followed the principles of Dharma Sastras, aiming to
ensure trust in the court and judiciary among litigants and the public. The burden of evidence and
proof rested on the party alleging the wrongdoing or offense, and both parties had the option to
produce witnesses during the trial.

Jayapatra is the title given to the verdict of a lawsuit, indicating triumph for one side. It includes
a brief summary of the plaintiff's claim and the defendant's response, the evidence presented by
both parties, legal issue framing and discussion, acknowledgment of assertions, application of
the law, judges' viewpoints, the final decision, and the court's seal. The judge is expected to
render a fair and impartial decision based on moral conscience, equality, and fairness

Although there is no direct reference to the existence of an institution of lawyers, it is believed

that there might have been a body of legal experts due to the high level of technicalities in the
judicial procedure highlighted in various Smritis, as mentioned by PV Kain in his book "History
of Dharamshastras".

The appointment of judges and magistrates was influenced by the caste system, with Brahmins
mostly being appointed as judges. However, judges were held to high standards of impartiality
and integrity, and they were required to take an oath to uphold these principles while deciding
disputes between citizens.

trial by ordeal was also a method of determining guilt or innocence, where the accused
underwent tests believed to be under supernatural control, such as ordeal of balance, ordeal by
fire, ordeal by water, ordeal by poison, ordeal by lottery, and ordeal by rice grain.1

Types of Ancient Indian Courts

In Katyayana Smrithi, courts are categorized into six types based on their rank.

1. The Kula (Family Councils or Groups): These were groups of elderly individuals who
educated family members on how to handle conflicts within the family or between
families of similar backgrounds.
2. The Shreni (Trade or Professional Councils): These were assemblies of knowledgeable
and unbiased individuals among a group of traders, professionals, and craftsmen who
arbitrated conflicts.
3. The Gana (Village Assembly): These were large gatherings of village or grama elders
who were considered knowledgeable, unbiased, and trustworthy by the people of the
region.
4. Adhikrita (Court appointed by the King): These were courts recognized by the King to
serve justice, with justices who were highly trained in the Shastras and Smrithis. This
type of court came in various forms depending on its jurisdiction, such as Pratishtitha,
which was established in a specific village or town, Apratishtitha, which was a movable
court that convened in a specific location to try a particular matter as summoned by the
King, and Mudrita, which was a higher-level court that had the authority to use the royal
seal.

1
"Administration of Justice in Ancient India for CLAT," Lawctopus, available at:
https://lawctopus.com/clatalogue/ailet-pg/administration-of-justice-in-ancient-india-for-clat/ (last visited
[insert date of your access])
 5. Sasita (King's Court): This was the highest court of law in the Kingdom, presided over by
the King himself. There was a Chief Justice named Pradvivaka and a group of Judges
named Sabhyas to serve and support the King.
6. Nripa (King himself): The King was the supreme authority in the legal judicial
adjudication process, governed by Dharma precepts that he could not contradict.2

Jury system in ancient India

The jury system, as it is commonly understood in modern legal systems, where a group of
randomly selected individuals collectively decide the guilt or innocence of a defendant in a trial,
was not prevalent in ancient India. The ancient Indian legal system operated differently from the
modern jury system, and there is limited evidence of a formalized jury system in ancient India.

In ancient India, the legal system was primarily based on the concept of Dharma, which
encompassed a complex set of ethical, social, and religious principles that governed human
behavior and guided the dispensation of justice. The king or ruler, as the supreme authority, was
responsible for administering justice and resolving disputes through a system of courts and
judges.3

The judicial process in ancient India involved the king or the judge as the central decision-maker,
who was responsible for hearing cases, examining evidence, and delivering judgments based on
legal texts, customary practices, and his own wisdom and discretion. There is evidence that the
king sometimes consulted with learned Brahmins or other respected members of the community
in the process of dispensing justice, but this was not a formalized jury system as understood in
modern legal systems.

2
"Ancient Judicial System," Legal Service India, available at https://www.legalserviceindia.com/legal/article-
7176-ancient-judicial-system.html (last visited [insert date of access]).

3
Suhail Ahmad Wani, Concept of Legal and Judicial Administration in Ancient India, International Journal in
Management and Social Science, Vol 5.
The ancient Indian legal system also employed a system of arbitrators or mediators known as
Panchayats or Nyaya Panchayats, which were community-based forums that helped in resolving
disputes through consensus and mutual agreement. These Panchayats consisted of respected
members of the community who were chosen for their wisdom, impartiality, and knowledge of
local customs and practices. However, their role was more advisory in nature, and they did not
function as a jury in the modern sense.

It's important to note that the legal system in ancient India was complex and diverse, with
regional variations and different practices in different periods of history. The concept of a
formalized jury system, as seen in modern legal systems, did not exist in ancient India, and the
dispensation of justice was based on different principles, customs, and practices.

Judicial Psychology in Ancient India

Judicial psychology in Ancient India refers to the understanding and application of psychological
principles in the realm of law and justice during ancient times in the Indian subcontinent.
Ancient India had a rich tradition of legal systems and philosophical schools of thought that
influenced the practice of justice and law.

One prominent aspect of judicial psychology in Ancient India was the concept of dharma, which
was a central ethical and moral principle that guided the conduct of individuals and society.
Dharma encompassed the idea of righteousness, duty, and justice, and it formed the basis of the
legal system in Ancient India. The concept of dharma emphasized the importance of fairness,
equity, and impartiality in administering justice, and it recognized the psychological impact of
moral and ethical considerations on human behavior.

Ancient Indian legal texts, such as the Manusmriti, Arthashastra, and Dharmashastra, contained
detailed guidelines for judges and legal practitioners, and they incorporated psychological
insights into the administration of justice. For example, the Manusmriti emphasized the
importance of understanding human nature, motives, and behavior in the context of legal
proceedings. It recognized the role of emotions, personality traits, and cognitive biases in
shaping human behavior and decision-making, and it urged judges to take these factors into
account when adjudicating disputes.

Furthermore, ancient Indian legal systems recognized the importance of psychological

assessment in the context of justice. For instance, the Arthashastra, written by the renowned
philosopher Kautilya, included provisions for the examination of witnesses, suspects, and
accused individuals to assess their credibility, truthfulness, and mental state. This reflected an
understanding of the role of psychology in evaluating human testimony and determining the guilt
or innocence of individuals.

Ancient Indian legal systems also emphasized the use of mediation, negotiation, and arbitration
as methods of resolving disputes. These alternative dispute resolution mechanisms took into
account the psychological dynamics of conflict resolution, such as communication, negotiation
skills, and emotional intelligence, to arrive at fair and just outcomes.

In addition, Ancient India had a well-developed system of punishment and rehabilitation, which
recognized the psychological factors involved in the process of criminal justice. The
Dharmashastra, for example, outlined principles of punishment that took into account the nature
of the crime, the motives of the offender, and the potential for reform and rehabilitation. This
reflected an understanding of the psychological aspects of punishment and the need for a
balanced approach that considered the psychological well-being of both the victim and the
offender.

Overall, judicial psychology in Ancient India was shaped by the philosophical and ethical
principles of dharma, which emphasized the importance of fairness, equity, and impartiality in
the administration of justice. It recognized the role of human nature, emotions, personality traits,
and cognitive biases in shaping human behavior and decision-making, and it incorporated
psychological insights into legal systems and practices to ensure that justice was administered in
a just and humane manner.
Interpretation of legal documents in ancient India

Interpretation of legal documents in Ancient India was guided by the principles of textual
exegesis, hermeneutics, and legal commentaries. Legal documents, such as legal texts, statutes,
and edicts, were considered sacred and authoritative, and their interpretation was a complex
process that involved understanding the intent, context, and spirit of the texts.

1. Textual exegesis:

Textual exegesis involved the close reading and interpretation of legal texts to understand
their literal meaning, grammatical structure, and semantic nuances. Ancient Indian legal
texts were written in Sanskrit, the classical language of India, and their interpretation
required expertise in Sanskrit grammar, syntax, and vocabulary. Legal scholars, known as
jurists or pandits, would engage in meticulous analysis of the texts, including identifying
key words, phrases, and sentences, and interpreting them in light of the rules of Sanskrit
grammar and language.

2. Hermeneutics:

Hermeneutics refers to the principles and methods of interpreting texts, including legal
texts, to discern their deeper meaning and intent. Ancient Indian legal texts were often
written in a symbolic, allegorical, or metaphorical language, and their interpretation
required a deep understanding of the cultural, philosophical, and religious context of the
texts. Legal scholars would apply hermeneutical principles, such as the doctrine of
implied meaning, contextual interpretation, and analogical reasoning, to interpret legal
texts in a holistic and contextual manner.

3. Legal commentaries:

Legal commentaries, known as tikas or vyakhyas, were written by legal scholars to

provide detailed explanations, interpretations, and commentaries on legal texts. These
commentaries served as authoritative guides for interpreting legal texts and were
considered important sources for understanding the intent and meaning of the texts. Legal
 scholars would write commentaries that provided insights into the historical, social,
cultural, and philosophical context of the legal texts, and they would also engage in
critical analysis, debate, and interpretation of the texts based on their own expertise and
understanding.

4. Precedents and case law:

Ancient Indian legal systems relied on the principle of precedent, where past decisions
and case law were considered important sources for interpreting legal texts. Legal
scholars would refer to earlier judgments, commentaries, and legal opinions to
understand how legal principles were applied in specific cases and how they could be
extended or adapted to new situations. Precedents and case law played an important role
in guiding the interpretation of legal documents and ensuring consistency and
predictability in legal decisions.

5. Jurisprudential theories:

Ancient Indian legal systems also had different jurisprudential theories and philosophical
schools of thought that influenced the interpretation of legal documents. For example,
schools of jurisprudence like Dharmaśāstra, Nyāya, and Mīmāṃsā had their own theories
of interpretation and principles for understanding legal texts, which influenced the way
legal documents were interpreted in Ancient India.

In summary, the interpretation of legal documents in Ancient India involved a nuanced and
multifaceted process that combined textual exegesis, hermeneutics, legal commentaries,
precedents, and jurisprudential theories. Legal scholars played a crucial role in interpreting legal
texts and ensuring that the intent and meaning of the texts were understood in a holistic and
contextual manner, while taking into account the linguistic, cultural, philosophical, and historical
nuances of the texts.
Punishments in ancient india

Punishments in Ancient India varied depending on the time period, region, and social context, as
well as the nature and severity of the offense. Ancient Indian societies had different legal codes,
such as the Dharmaśāstras, which outlined various punishments for different types of offenses.
Here are some examples of punishments that were prevalent in Ancient India:

1. Capital punishment (Vadhadanda4):

The death penalty was prescribed for serious offenses such as murder, treason, and
certain types of aggravated crimes. Different methods of execution were used, including
beheading, hanging, drowning, and impalement. The decision to award capital
punishment was generally made by the ruler or the king, based on the severity of the
offense and the principles of justice.

2. Corporal punishment (Angaccheda):

Corporal punishment was common in Ancient India and included various forms of
physical punishments such as flogging, whipping, mutilation, branding, and amputation.
These punishments were often prescribed for offenses such as theft, robbery, assault, and
sexual crimes.

3. Fines and monetary penalties (Dhanadanda):

Monetary fines were a common form of punishment for offenses that involved property,
theft, or economic crimes. Offenders were required to pay a certain amount of money as
compensation to the victim or as a penalty to the state, depending on the nature and
severity of the offense.

4. Banishment and exile:

4
Dharma. Encyclopedia Britannica
 Banishment or exile was a form of punishment where offenders were expelled from their
community or kingdom and were required to live in a designated place away from their
home or society. This punishment was often imposed for offenses such as treason,
sedition, or social violations.

5. Social and ritualistic punishments:

Ancient Indian societies had a strong emphasis on social norms, customs, and rituals, and
violations of these norms were often punished through social and ritualistic means. For
example, offenders could be subjected to social boycott, loss of social status, or exclusion
from religious or social ceremonies as a form of punishment.

6. Restitution and compensation:

Offenders were often required to provide restitution or compensation to the victim or the
community as a form of punishment. This could involve returning stolen property,
providing compensation for damages or loss, or performing community service.

7. Reformation and rehabilitation:

Some Ancient Indian legal systems focused on the reformation and rehabilitation of
offenders rather than punishment. Offenders could be subjected to reformation measures
such as counseling, education, vocational training, or community service, with the aim of
reintegrating them into society as productive members.

The concept of punishment and its application in Ancient India was influenced by the prevailing
social, cultural, religious, and philosophical beliefs of the time, and may not necessarily align
with modern concepts of justice and human rights.

Conclusion
The judicial system in Ancient India was complex and diverse, with varying legal codes,
practices, and philosophies depending on the time period, region, and social context. Ancient
Indian societies had well-defined legal systems that encompassed principles of justice, fairness,
and social order. The legal system was often based on religious and philosophical beliefs, such as
the Dharmaśāstras, which provided guidelines for governance, administration of justice, and
punishment for offenses.

The judicial system in Ancient India had several key features, including the role of the king or
ruler as the ultimate authority in dispensing justice, the existence of courts or tribunals to
adjudicate disputes, the use of legal texts and scriptures as a basis for interpreting and applying
the law, and the emphasis on retribution, restitution, and reformation as goals of punishment.

However, it's important to note that the judicial system in Ancient India was not uniform and
evolved over time, and there were variations in legal practices, customs, and traditions across
different regions and time periods. The social, cultural, and religious context played a significant
role in shaping the legal system and the concept of justice in Ancient India.

While the judicial system in Ancient India had many strengths, it also had limitations and
drawbacks. There were issues of caste-based discrimination, social inequalities, and biases in the
application of justice. The punishments could be harsh and based on social norms and rituals,
which may not align with modern concepts of justice and human rights.

In conclusion, the judicial system in Ancient India was complex and diverse, shaped by social,
cultural, religious, and philosophical factors. It had strengths and limitations, and its
understanding and interpretation require careful consideration of historical context and cultural
nuances. Studying the judicial system in Ancient India provides insights into the evolution of
legal systems and concepts of justice, and how they have influenced modern legal systems in the
region.

Bibliography
1. Dr. Rahul Tripathi, Evolution of criminal justice system in ancient India, International
Journal of Multidisciplinary Research and Development, Volume 5; Issue 1; January
2018; Page No. 153-157(link)

2. "Ancient Judicial System," Legal Service India, available at

https://www.legalserviceindia.com/legal/article-7176-ancient-judicial-system.html
(last visited [insert date of access]).
3. Suhail Ahmad Wani, Concept of Legal and Judicial Administration in Ancient India,
International Journal in Management and Social Science, Vol 5(link)
4. "Administration of Justice in Ancient India for CLAT," Lawctopus, available at:
https://lawctopus.com/clatalogue/ailet-pg/administration-of-justice-in-ancient-india-
for-clat/ (last visited [insert date of your access])