Kautilya’s

Arthashastra
 King
Mantriprishad
Amatyas
Adhakshayas
Provincial level
kumara/ nobles/Aryaputras
Mahamattas
District Level
Pradeshika
Rajuka
Yukta
Tahsil
Gopa
Stanika (tax collector)
Village
Gramika
Grama Vrudhara
Town Pataliputra (Six committees)

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Part 1
Education, training and discipline to be
imparted to a king.
• Association with elders,
• Choosing of ministers,
• Establishment of secret agents,
• Surveillance on prince
Part 2:
Duties of various executive officers of
the State.
• Construction of forts,
• Treasury Management
• Bureau of Official records,
• Setting of Mines and Factories,
• Superintendent of the Storage house,
• Commodities, Forest produce,
• Armory, Customs, agriculture, liquor and
shipping
Part 3 Law and its administration
• the grounds for litigations ( Civil law)
1. Law of marriage,
2. Rules of woman’s property,
3.Agreements and difficulties,
4. Money and crime,
5.Order of inheritance, division of shares,
6. Classification of sons,
7. On immovable property,
8.Sale of immovable property,
9. Damage to grazing land and field,
10. Non-payment of debts,
11.On deposits
12. Rules governing salves and laborers,
13. Cancellation of sale or purchase,
14. Non delivery of gifts,
15. Sale by a non-owner,
16. Verbal Assault,
17. Physical Assault,
18. Gambling and Betting.
Part 4. Suppression of crime ( Criminal law)
• Surveillance on people,
• Artisans and traders,
• Remedial measures against disasters,
• Disclosing criminals using secret agents,
• Arrest on account of suspicion, articles or
activities,
• Investigation into a person who has died
suddenly,
• Investigation through questioning and
torture,
• Surveillance of all agencies,
• Rules on the clean and the vivid forms of
capital punishments,
• Types of Punishments for wrongdoing.

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Part 5: On secret activities
• Steps to be taken in emergencies,
• duty of Chief Minister for ensuring
continuity of the rule on the downfall of
king or state.
Part6: Seven elements of State-
Rajamandala- for discussion of State’s
relations with neighbors.
Seven basic elements of State-Satanga theory
1) Swami,
2) Amatyas,
3) Janapada,
4) Durga,
5) Kosa,
6) Bala
7) Mitra
•Rajamandala:
•Circles of friendly and enemy states
surrounding the king's (raja) state. 10
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Part 7. Six fold strategy of state (Foreign
policy)
• Decisions during decline, stability, and
Prosperity,
• Measures when considering refuge,
• Strategic measures on the part of equal,
weaker, and stronger kings,
• Peace pacts by weaker kings
• Pacts for allies ( feudatories), money, land
projects,
• Initiating war against a strong ruler,
• Strategies of king when the capital
surrounded by enemy troops,
• Making peace pacts with enemy
• Conduct towards a neutral king

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Part 8: Methods of overcome various
calamities to the State
Swami,Amatyas, Janapada, Durga,Kosa, Bala
Mitra
• Set calamities affecting the basic
elements,
• calamities affecting king and his reign,
• set of factors blocking revenue to the
treasury,
• set of calamities affecting the army and
Allies.
Part 9: Military Code
• Kinds of troops to be mobilized for an
expedition
• Proper seasons for the expedition
• Precautions to be taken during wars

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Part 10. Fighting methodology at war
• Setting of military camps,
• Marching into battle from camp,
• Kinds of military operations,
• Arrangement of strong and weak troops,
• Methods of fighting for all troops
• Counter formations of troops against
enemies.
Part 11. Steps to be taken by a would be
conqueror.
Part 12. Design to be adopted by a weaker
king when threatened by a stronger king.
Part 13. Means of capturing Forts and
various methods.
Part 14. Remedies and plans to be adopted
in getting rid of enemies or traitors,
secret killing of enemy troops, use of
medicine and mantras
Part 15. Object of and purpose achieved by
Arthashastra
Post Mauryans

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• Sungas : 185-73BC Pushyamitra Sunga
Agnimitra
• Kanvas: 73 BC-26 AD Vasudev Kanha
• Kushans: 30 AD-320 AD Kujula or Kadphises-I
Kanishkha
South

Satavahana : 230 BC-220 AD Simuka

Manu Smriti
or
Code of Manu
Mauryan Empire 321 BC-187 BC
Kautilya’s Arthasastra
Manudharma Sastra 200 BC-200 AD

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Manu Dharma Sastra is also called as
Manava Dharma Sastra.
• We find reference to various Manus such
as
• Manu,
• Swayambhu Manu,
• Vridha Manu
• Pracheta Manu

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• Systematic and strong collection of rules
• simple language
• great clarity
• made the Manusmriti the most authoritative
source of ancient Hindu jurisprudence.
• Manu dharmasastra practically replaced all
the previous hindu texts.
• it was also adopted and followed in Burma,
Java, Philippines and other neighboring
countries.
The Manusmriti is divided into twelve
chapters and consists of 2,694 verses.

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 12 chapters
• 1. Creation of the Universe
• 2. Definition of Dharma and sources of
Dharma
• 3. Studentship-marriage
• 4. Householder’s code of conduct
• 5. Rule governing cultivation and food
• 6. Rules governing forest
• 7. Rajadharma
• 8. King’s duty relating to administration of
justice
• King as judge.
• others as judges
• Establishment of Sabha (with 10 Members)
• Duty to restore stolen wealth
• Grounds on which the plaintiff may file in his
suit
• According to Manu legal suits were of
eighteen types, namely,
• (1) Recovery of debts,
• (2) Deposits and guarantee,
• (3) Sale without ownership
• (4) disputes among partners
• (5) maintenance of gifts
• (6) Non-payment of wages or debts
• (7) Non-performance of agreements
• (8) Maintenance of sale and purchase,
• (9) Disputes between owners of cattle and
herdsmen
• (10) Disputes regarding boundaries,
• (11) Assault,
• (12) Defamation,
• (13) Theft,
• (14) Robbery and violence,
• (15) Adultery,
• (16) Duties of man and wife,
• (17) Inheritance and partition
• (18) Gambling and betting.
9. Duties of husband and wife, partition of
family, son ship-five major sins-the
punishments.
10. Rules of conduct for all
11. Seven proper modes of livelihood
12. Karma-the knowledge of self -the
highest means of bliss
• Achara: Practice
• Vyavahara: Practice of law and
government, civil and criminal law
• Prayascitta: Act of the repentance
• Karma Phala: consequences of acts.

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• King’s duty:
• King should act as protector of Dharma
• According to Manu, the king should know about
two things, i.e.,
• Dharma and Danda
• For the proper maintenance of the rules of
dharma,
• king could impose Danda on those who violate
the rules of Dharma.

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• The primary obligation of the king
• he should protect the lives and property
of his people
• by applying the theory of Danda.

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• The lord created Danda, before he
appointed king,
• in order to make discharge of duties
properly and efficiently.
• Danda is considered as the protector of
all creatures and also protector of law.
• Danda rules all the people and protects
them.

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• According to Manu,
• Only punishment could control all the human beings on
the earth.
• he gave utmost importance to punishment.
• The whole world was kept in order only by punishment
or the fear of punishment.
• king’s mode of application of danda was the key to the
prosperity and
• destruction of the individual and the community.

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• Manu suggested dual court system in
administration
The King’s Court
original and appellate
Chief Justice Court
original and appellate.

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• The King’s Court also exercised a sort of
general supervision over the administration
of justice throughout the country.
• the king could appoint a Brahmin in his
absence

• Chief Justice Court

• The Chief Justice,
• Three judges, were enough to form a court.

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• The Chief Justice decided cases with the
assistance of jury and in accordance with
law.
• but the final decision rested with the
Chief Justice.

• If king Court and Chief justice Court

failed to finale any case, those cases
referred to Legal assembly.

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• Legal assembly
• three Brahmins versed in the Vedas and
• a logician,
• a mimamsaka,
• one who knows the Nirukta,
• one who delivers of the sacred law, and
• three men belonging to the first three
orders.

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• Justice was administered in accordance with
legal rules which fell under one or other of
the following four heads:
• (a) Sacred Law (Dharma),
• (b) Secular Law (Vyavahara),
• (c) Custom (Charitra), and
• (d) Royal Commands (Raja-sasana)

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• According Manu, disputes should be decide
according to the customs of
• Janapada (gana)
• Castes (jati)
• Guilds (sreni)
• Families (kula)

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• Manu has classified the evidence in three
categories:
• (i) written evidence,
• (ii) oral evidence
• (iii) the divine evidence
• The king should himself investigate law suits
brought before him or
• get them investigated by learned Brahmins.

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• The administration of justice and infliction of
punishment was performed on the basis of
Varna system.
• Manu insisted that,
• women should give evidence for women,
• for brahmanas the brahmanas,
• for sudras the sudras, and
• men of the lowest castes for the lowest.

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Yajnavalkya Sastra
300AD-500AD

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Manu dharmasastra
200BC -200 AD
Yajnavalkya Sastra
300AD-500 AD
Gupta Empire
320 AD-550 AD

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Yajnavalkya followed the same pattern as of
Manu in the treatment of subjects,
It is more scientific and systematic than
Manu
Yagnavaljya sastras avoids repetition of same
or similar provisions of Manu dharmasastra
• This smriti consists of 1010 verses divided
into 3 chapters
• Achara 368 verses
• Vyavahara or civil and criminal law 307
verses
• Prayaschitta or compensation for sins
committed: 335 verses

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Clarification on matters such as
Women right of inheritance and right to hold
property
Status of Sudras and criminal penalty
• He deals exhaustively on subjects like
• Creation of valid documents
• Law of loan agreements
• Partnership, and joint business ventures
• Model of Legal Procedure
• Reorganization of Courts
• This smriti occupies a very important position in
the field of substantive civil and criminal law.

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Rules of Valid documents
• Lekhika
• Every loan transaction should be in writing and
it should be attested by witnesses.
• Documents should contains:
• Name,
• father’s name,
• address ( the caste , gotra),
• the year,
• the month,
• the half month and
• the day of the week it was executed. 53
• After completion of document,
• the executants should enter his name with his
own hand and should certify that what is
written above has his consent.

• Witnesses should furnish their name, address

along with their father’s name.

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• The Lekhika should certify that the document
is written by him, as desired by both parties
and then he should subscribe his signature with
address.

• A document executed by a person in his own

handwriting is valid though it is not attested
by witnesses.
•

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Obligation to execute a new document
If a document is lost, or became unreadable, or
got burnt or destroyed for any reason, a fresh
document must be brought into existence in
its place.

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• The creditor,
• when he has received procession of any
property as security for loan, is entitled to
retain and enjoy it until the debt is repaid.

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The period limitation for recovery of a loan was
three years, and
twelve years in the case of a loan advance on
security of immoveable property.
as provided in Article 19 and 62 respectively of
the schedule to the Indian Limitation Act,
1963.

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• The creditor should destruct the documents
after full payment or he should issue
counter documents.

• If the debt or loan was taken in the

presence of witnesses , the repayment also be
made in the presence of witness.

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• According to Yajnavalkya,
• in the absence of a son or sons, other
heirs were also made liable to repay the
debts of the deceased.
• The heirs who takes the heritage, were
liable to pay
• Son was not liable to pay the debt incurred
by the father which was contracted for the
purpose of liquor and gambling.

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• Partnership and joint business
ventures
• For the first time in Indian legal history, a
few provisions relating to partnership of
traders, craftsman, etc., were incorporated
by Yajnavalkya.

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• According Yajnavalkya
• The profit and loss should be according to
the capital contributed by each partner
• or
• according to the special agreement
between them.

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It might be agreed that,
a partner be given a higher share of profit owing
to his special skill or ability in the concerned
business, or
a lesser share if a partner is not in a position
to physically participate in the business.

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