Manu Smriti

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

2
Manu Dharma Sastra is also called Manava
Dharma Sastra.
• We find reference to various Manus such
as
• Manu,
• Swayambhu Manu,
• Vridha Manu
• Pracheta Manu.

4
• 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 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.

6
 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 (with 10 Members)
• (Legal assembly)
• 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) Deposit and guarantee,
• (3) Sale without ownership,
• (4) Concerns among partners,
• (5) maintenance of gifts,
• (6) Non-payment of wages,
• (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 criminal law
• Prayascitta: compensation
• Karma Phala: consequences of acts.

  12
 
• 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.

13
• King’s duty:
• king should act as protector of Dharma

• The king should know about two things, i.e.,

• dharma and danda
• For the proper maintenance of the rules of
dharma,
• king could impose punishment(Danda) on those who
violate the rules of Dharma.

14
 
• The primary obligation of the king
• he should protect the lives and property of
his people
• by applying the theory of Danda.

15
• 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.

16
• Manu felt that,
• only punishment could control all the human beings on the
earth, and so,
• 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.

17
 
• \Manu suggested dual court system in
administration
The King’s Court
original and appellate
Chief Justice Court
original and appellate.

18
• 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.

19
• 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.

20
• 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.

21
• 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)

22
• According Manu, disputes should be decide
according to the customs of
• Janapada (gana)
• Castes (jati)
• Guilds (sreni)
• Families (kula)

23
• 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.

24
• 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.

25
Yajnavalkya Sastra
300AD-500AD

26
Manu dharmasastra
200BC -200 AD
Yajnavalkya Sastra
300AD-500 AD
Gupta Empire
320 AD-550 AD

27
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

29
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.

31
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. 32
• 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.

33
• 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.
•

34
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.

35
• 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.

36
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.

37
• 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.

38
• 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.

39
• 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.

40
• According Yajnavalkya
• The profit and loss should be according to
the capital contributed by each partner
• or
• according to the special agreement
between them.

41
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.

42
Naradaiya dharmasastra
500AD-700 AD

43
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

45
• 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. 46
• 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.

48
He also introduced some changes in the laws of
Manu

49
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.