Dharma Sastras

It is generally accepted that Manu dharma sastra

composed in between second century B.C. and
second century A.D.
The Code of Manu is a compilation of laws reflecting
Hindu thought in Buddhist period, preserved in a
metrical recension.

Manusmriti has twelve chapters, it could be divided

into four viz.
2
Achara: immemorial practices or observance of caste
Vyavahara: Practice of law and government, civil
criminal law
Prayascitta: Penitential exercises, rules of expiation
Karma Phala: consequences of acts.

 
3
 

In chapter eight, Manu’s expertise in giving

direction regarding the maintenance of law
and order and
he appeared as a clever advocate capable of
managing the disputes of common man.

4
King’s duty:
king should act as protector of Dharma
According to Manu, Dharma means not only
individual and social duties, but also to mean
law and justice.
The king should know about two things, i.e dharma
and danda;
For proper maintenance of dharma and king could
impose punishment (Danda) on those who violate
the rules of Dharma.
5
The primary obligation of the king
he should protect the lives and property of his
people by applying the theory of Danda.

6
The lord created Danda,
before he appointed a king, in order to make the
discharge of duties properly and efficiently.
Danda is considered by Manu, as the protector
of all creatures and protector of law.
Danda rules all people and protects them.

7
Manu felt that, only punishment could control all
the human beings on the earth, hence, 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.
8
Manu had provided the qualifications of the king
who could be the judicial administrator.
Manu suggest dual court system in administration
The King’s Court, with two jurisdictions i.e.,
original and appellate.
As an original court it tried all cases which arose
within the boundaries of the capital.
On its appellate side it was the highest Court
of Appeal for all cases. 9
The King’s Court also exercised a sort of general
supervision over the administration of justice
throughout the country.
Chief justice court or others as judge
Manu recommended that, the king could grant the
power of judicial administration to Brahmins in
his absence and he allowed jury system also.
Three judges, besides the Chief Justice, were
enough to form a court.
10
The three members of the court acted as jurors
as well as judges, but the final decision rested
with the Chief Justice.

If the king Court and Chief justice Court failed

to finalize any case, those cases referred to
Legal assembly.

11
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.
12
As a rule, the king’s and Chief justice courts tried
both civil and criminal cases.
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) 13
According Manu, disputes should be decide
according to the customs of
Janapada (gana)
Castes (jati)
Guilds (sreni)
Families (kula)

14
Manu has classified the evidence in three
categories:
(i) written evidence,
(ii) oral evidence, and
(iii) the divine evidence
The king should himself investigate the law suits
brought before him or get them investigated by
learned Brahmins.

15
The administration of justice and infliction of
punishment was performed on the basis of
Varna system.
Brahmanas were exempted from punishment of
death
The most severe punishment for them was
deportation.
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.
16
 Kautilya’s
Arthashastra
 Empire level
King,
Mantriprishad,
Amatyas (civil servants),
Adhakshayas (Heads of dept) 27
Provincial level
Kumara/ nobles ,
Mahamattas
District Level
Pradeshika,
Rajuka,
Yukta
Tahasil Level
Gopa
Stanika
Village
Gramika
Grama vrudhas
19
Kautilya wrote this work some time between 322
B.C to 300 B.C
Arathasastra is an encyclopedia of statecraft and
legal system for the guidance of all concerned.
Arthashastra gives an idea about the subjects
Relating to law,
Constitutional law and
Other affairs of the State.
The treatise has 15 Parts ( athikarana),
150 chapters (prabhandha) , and
180 (prakarana) topics.
The Arthansastra appears to be divided into two
important parts.
The first books 1-5 deals with the king and the
internal administration of kingdom. (60%)
The second contains 6-14 and deals with foreign
relation, politics, and warfare. ( 40%)
Part 1
Education, training and discipline to be
imparted to a king to equip him discharge his
heavy responsibilities ably and efficiently.
Association with elders,
Choosing of ministers,
Establishment of secret agents,
Surveillance of prince
Part 2: Duties of various executive officers of
the State
Construction of forts, treasurer’s Management of
storage, Subject of Accounts in the Bureau of
Official records, setting of Mines and Factories,
Superintendent of the Storage house,
Commodities, Forest produce,
Armory, customs, agriculture, liquor, shipping, and
Measures of space and time.
Part 3 Law and its administration
Writing down the grounds for litigations,
law of marriage,
rules of woman’s property,
Agreements and difficulties,
Alimony, Assault, wrongdoing,
Order of inheritance, division of shares,
Classification of sons,
On immovable property,
Sale of immovable property,
Damage to grazing land and field,
Non-payment of debts,
On deposits

25
Rules governing salves and laborers,
Cancellation of sale or purchase,
Non delivery of gifts,
Sale by a non-owner,
Verbal Assault,
Physical Assault,
Gambling and Betting.
4. Suppression of crime
Surveillance of people, Artisans and traders,
Remedial measures against disasters,
Disclosing Criminals using secret agents,
Working under covers as ascetic,
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,
Damages in Lieu of Cutting individual limbs,
Rules on the clean and the vivid forms of capital
punishments,
Types of Punishments for wrongdoing.

28
Part 5: On secret conduct
Steps to be taken in emergencies,
pay scales for State officers,
duty of Chief Minister for ensuring continuity of
the rule on the downfall of king, etc.
Part6:Seven constituents of State-
Rajamandala- for discussion of State’s
relations with neighbors.
Part 7. Six fold strategy of state (Foreign
policy)
Decisions during decline, stability, and Prosperity,
Conduct when considering refuge,
Strategic measures on the part of equal, weaker, and
stronger kings,
Peace pacts by weaker kings
Remaining stationary after initiating war,
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 enemy
Conduct toward the neutral king

31
Part 8: Methods of overcome various calamities to
the State
Set calamities affecting the constituent elements,
calamities affecting king and his reign,
set of human vices,
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

33
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 and
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