The scope and method of

Interpretation of law in
Ancient India
1500 BC-712 AD
 Vedas
Brahamanas
Aranayakas, Upanishads ,
Vedangas (after 600 BC)
» Phonetics
» prosody (the study of the structure of poetry)
» Grammar
» Understanding Vedic terms
» Astronomy
» Rituals and ceremonies
(Kalpa-sutras)
Srauta -sutra
Gruha- sutra
Dharma –sutra
Dharma Sastras
 1500BC-600 BC
Rig Veda
Samaveda
Yajurveda
Adhavaveda
Brahamanas ( 18 )
Arayankayas
Upanishads
Puranas
Vedangas 600 BC
Shiksha (phonetics): pronunciation.
Chhandas (prosody). :This auxiliary discipline has
focussed on the poetic meters
Vyakarana (vyākaraṇa): grammar and linguistic
analysis.
Nirukta (nirukta): etymology, explanation of words,
particularly ancient uses with unclear meaning.
Kalpa : ritual instructions
Jyotisha: Auspicious time for rituals, astrology and
astronomy. This auxiliary Vedic discipline focussed
on time keeping.

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Kalpasutras
6 schools of interpretation
Srauta sutra
Gruha sutra
Dharma sutra
Dharma Sastras

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India 700 AD

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7
8
9
 Medieval India
After 712 AD

Commentaries
Bhashyas

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1. On certain questions the sastras
contained conflicting provisions.
2. On some of the questions, the sastras
were confusing.
3. On certain other matter, sastras were
silent.
4. The language of the sastras were
difficult in certain cases and it required
skilful interpretation.
5. In the absence of an established court of
record.
• Commentary is the interpretation of the
Sastras or Smritis by the scholars.

• Commentators have customized the original

texts (Smrities) in order to bring them in
line with the local customs and conditions.

• Collection of commentaries is called Digests.

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• Men who well versed in
• Dharmasastras
• Tarkasastra (logic)
• Vyakarana ( grammar)
• These interpreters were not only experts in
the science of interpretation but also they
were eminent logicians.
• These interpretations written by eminent
jurists
• from time to time with necessary
adaptations to fulfill the requirements of
the changing society.
• Dharmasutras and Sastras remained the
basic law,
• the commentators introduced some
modifications according to their own
customs and usage.
• This type of development of law could not
uniform,
• due to the existence of several princely
states and lack of easy and speedy
communications.

• The commentators can be aptly descried as the

architects of Hindu legal system.
Types of courts
Ancient
Medieval

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 Courts in Medieval India
The courts presided over by the king was the
highest Court
Kula : Gatherings or family councils
Gana: Tribe
Shreni :Corporation court
Adhirita: Court appointed by the king
(Chief justice court)
Nripa : King’s Court
The Kings Court
The king, the Chief justice, and other judges were
the judicial officers of the Court.
The Ganaka (Accountant),
the Lekhaka ( scribe) and
Swapurusha: Bailiff (court of officer)
The Smritis, gold, fire and water are the four
things which should be kept ready in the hall of
justice.
The chief justice had to give his final
opinion on the cases and
the duty of judges was to investigate the
merits of each case.
The King had the power of passing final
decrees.
Qualification of Chief justice
A person who is well versed in the eighteen
titles of law and who is expert in logic
(Tarka), interpretation (Mimamsa).

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Naradaiya dharmasastra
500AD-700 AD

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This smriti exclusively deals with forensic law,
both substantive and procedural, without any
reverence to self-punishment and other
religious matters.

Narada was independent in his views and did not

allow himself to be bound by the earlier
texts.
Narada sastra contains 1028 verses
The Procedural law laid down by this sharstra
contains provisions relating to
Pleading,
Evidence (oral and documentary),
Judicial Procedure
Procedure required to be adopted by the
courts or Judicial assembly

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• Evidence
• The court did not allow certain individuals
to lead their evidence ..
• (a) Close friends
• (b) enemies of the parties,
• (c) persons convicted of perjury,
• (d) infants,
• (e) persons tortured by desire (whatever
that may mean),
• (f) thieves, and
• (g) wrathful men.
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• There were four stages of judicial
procedure
• Narada on these points divided the course
of the lawsuit into four parts
• (1) Statement of his case by the plaintiff
or the complainant.
• This was called the puma paksh (the Plaint or
Pratijna);
• (2) The reply of the defendant or the
accused person.
• This was called the uttra paksh (of the
written statement/ Uttara pada);
(3) The actual trial consisting of the taking of
evidence to establish or disprove the case and
the arguments on both sides.
This was named kriya (Proof or Evidence on
behalf of the Plaintiff and Defendant /Kriya
Pada and
(4) The decision or judgment of the court.
which was designed nimeya.

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He also introduced some changes in the laws of
Manu

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In the matter of inheritance
i) Holds that an younger son could become a
karta of a Hindu joint family
ii) Provides two shares to father in his self
acquired property in case of partition.
iii)After death of father, mother gets equal
share with her sons at a partition.
iv) Unmarried daughter takes a share as
younger sons
Regarding law of marriage
i) Holds that a window as well as a wife whose
husband is absconding entitled to remarry
without restrictions.
ii) Fixes age of majority at 16 years
Gambling was made lawful amusement when
carried on in a public licensed gambling house.
 Manu Smriti
or
Code of Manu
Right from the age of Regveda almost all authors
of Dharmasastras refer to the opinion of Manu
and he was regarded as the first law giver.

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 in its composition made the
Manusmriti the most authoritative source of
ancient Hindu jurisprudence.
The compilation practically replaced all the
previous texts.
The popularity of the code was so great that it
was 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. Mode of life-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.
other persons a judges
constitution Sabha (3to 5 members Legal
assembly)
Duty to restore stolen wealth
Creditors’ means to recover debts
grounds on which the plaintiff may fail in his
suit
The Smriti works did not draw any distinction
between civil and criminal courts.
According to Manu legal suits were of eighteen types,
namely,
(1) Recovery of debts,
(2) Deposit and guarantee,
(3) Sale without ownership,
(4) Concerns among partners,
(5) Resumption of gifts,
(6) Non-payment of wages,
(7) Non-performance of agreements,
(8) Rescission 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
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.
It is the foundation of Hindu Law- collection or
digest of current law and creeds rather than a
planned systematic code.
Manusmriti has twelve chapters, it could be divided
into four viz.

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Achara: immemorial practices or observance
of caste
Vyavahara: Practice of law and government,
civil and criminal law
Prayascitta: rules of compensation
Karma Phala: consequences of acts.

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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.

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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. 42
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 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.

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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.
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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. 46
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.
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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.

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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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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) 50
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, and
(iii) the divine evidence
The king should himself investigate the 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.
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 53
castes for the lowest.