Maharashtra National Law University Mumbai

Criminal Justice System in Medieval India

Legal and Constitutional History

Submitted By
Rashi Deulkar
Roll No: 2023070
First Year, B.A. LL. B (Hons.)
Section B
Submitted To
Prof. Dr. Sampada J. Kangane
Submitted on 03/03/2024
Introduction

Over several centuries, the development of the Criminal Justice System in India has been a
fascinating and intricate subject. India’s legal and constitutional history is a mosaic of diverse
cultures, religions, and legal traditions that have influenced the country's criminal justice
system in profound ways. The Muslim period in Medieval India was a turning point in the
development of India’s Criminal Justice System. The introduction of Islamic Law or Sharia
by the Muslim Monarchs brought about a radical change.

During the 8th- 10th centuries in the early medieval period, a number of kingdoms arose in
northern India who were always at odds with each other. In such a situation, where there was
no political unity or no authority of power, the rulers welcomed Turkish invasions. The
revolutionary changes in both international and national spheres came about since the
establishment of Mughal rule. Following the Timurid traditions, the Mughal monarchs
incorporated fundamental reforms in judicial and administrative structure in India.

In medieval India, the functioning of the criminal justice system was not limited to legal
procedures. The region's power authority structures were shaped by the ways in which
administration of justice intersected with issues of social hierarchy, communal relations and
governance.

This study looks at legal processes, punishments and administrative structures in detail and is
intended to provide valuable insights into the developments of legal frameworks and
governance in India.

Significance of topic in research

Studying the criminal justice system in medieval India is crucial for understanding the
evolution of legal frameworks, and governance. It helps us understand how justice was
delivered in the past by throwing light on the legal, cultural and social norms of medieval
India. Understanding aspects of Islamic law and its implementations provides insights on
how medieval states use to function. Many aspects of the medieval justice system have an
impact on the current legal system, which makes this research relevant to understand present
day legal matters. Moreover studying the medieval legal systems, can contribute to the
preservation of historical knowledge.

Aims and objectives

1. To study the legal frameworks and court systems followed in medieval India.
2. To look into how criminal justice was administered, including the function of law
enforcement officials and application of Islamic Law.
3. To analyse the punishments recognised prescribed for the criminal offenses.

Tentative outcome of research

1. The study provides insights into the era’s legal systems, including how Islamic law
was applied, the role of courts and judges and administration of justice. Researchers
can analyse how legal systems impact society.
2. Comprehensive understanding of the political structures of Delhi sultanate and
Mughal empire. This includes insights into administrative divisions and governance
systems.
3. Insights into the political and sociocultural environment that shaped the criminal
justice system and implementation in medieval India.

Tentative headings and subheadings

 Legal Systems in Medieval India

 Sources and Character of Muslim Law
 Islamic Law: Sharia and Qazi Courts

 Punishment and Penalties

 Islamic Penal Codes and types of punishments

 Administration of Criminal Justice

 Constitution of Courts
 Role of law enforcement officials