Md.

Meftahul Hasan
Lecturer
Department of Law
Jagannath University

meftahul@law.jnu.ac.bd
 Legal History
Age
Classification
Vedic Period
(1500 BC – 500 BC)
Hindu Period
(1500 years before and after
the beginning of Christian
Era)
Muslim Period
(1100 AD – 1857 AD)
British Period
(1857 AD – 1947 AD)
Modern Period
(1947 AD – Present)
 Vedic Period
 The concept of organized administration of justice
was first come in realization in ancient India in the
period of Vedic age. This period is a period to which
one can assign the beginning of civil and criminal
laws. But in comparison with modern law, the
classical Hindu law was a peculiar legal system as it
followed a unique arrangement of law and polity with
a unique scheme of values. The main aim of the law
in the Vedic age was to preserve "dharma" which
means righteousness and duty. “Dharma” consists
 Vedic Period (Cont.)
of both legal duties and religious duties. Dharma
provided the principal guidance by which one
endeavored to lead his life. It not only includes laws
and court procedures, but also a wide range of human
activities like ritual purification, personal hygiene
regimes, and modes of dress. The ancient sources of
Hindu law which were emerged during the Vedic age
are shruti, smriti and acharas (customs).
 Vedic Period (Cont.)
Sources of Classical Hindu Law
 Shruti
Shruti means “that which is heard” and refers to the
body of most authoritative ancient religious texts of
Hinduism. It is the primary and paramount source of
Hindu law and is believed to be the language of the
divine revelation through the sages. It is believed that
the rishis and munis had reached the height of
spirituality where they were revealed the knowledge of
Vedas. Thus, Shruti consists of four Vedas namely
Rigveda, Yajurveda,
 Vedic Period (Cont.)
Samaveda and Atharvaveda. These Vedas primarily
deal with religious duties, practices and customs.
Srautrasutras are based on Shruti. They are useful for
the study of the history of religion.
 Smriti:

The second source of ancient Hindu law is called

Smriti, which literally means “that which is
remembered” and refers to traditions. They are the
humanly authored written texts that contain the
collected traditions. Smriti is a derivative secondary
work and is considered
 Vedic Period (Cont.)
less authoritative than Shruti in Hindu Law. Some of
the most prominent Smritis are Dharmashastras which
includes Manusmriti, Yajnavalkya Smriti,
Naradasmriti, Visnusmriti, Brhaspatismriti, and
Katyayanasmriti.
Dharmashastras contain three categories or topics. The
first is the achara, which provides rules on daily rituals,
life-cycle rites, as well as specific duties and proper
conduct that each of the four castes or varnas have to
follow. The daily rituals include practices about daily
sacrifices, the kind of food to eat and how
 Vedic Period (Cont.)
to obtain them, and who can give and who can accept
religious gifts. The life-cycle rites are the rituals that
are conducted on important events in one's life like
birth, marriage, and tying of the sacred thread.
The second topic enumerated in the Dharmashastras is
the vyavahara. Vyavahara are laws and legal
procedures. They include the 'rajadharma' or the duties
and obligations of a king to organize court, listen and
examine witnesses, decide and enforce punishment and
pursue justice.
 Vedic Period (Cont.)
The third category is called the prayaschitta, which
lays down rules for punishments and penances for
violating the laws of dharma.
The early smritis were termed as Dharmasutras.
Dharmasutras discuss the rules for duties for all the
ashrama (any of the four stages of an ideal life,
ascending from the status of pupil to the total
renunciation of the world): the student-hood
(Brahmacharya), the house holdership (Grihastha), the
retirement or forest dwelling (Vanaprastha), and
renunciation (Sannyasa).
 Vedic Period (Cont.)
Also, they provide the rites and duties of kings and
court proceedings. Other issues that are Dharmasutras
cover include rules about one's diet, crimes and
punishments, daily sacrifices, and funeral practices.
 Acharas (Customs)

Custom in common parlance is an act or behavior

which is repetitive or is traditionally accepted or can
also be defined as a habitual practice that a person is
uniformly following for a long time. It can alternatively
be called as traditions, cultural ideology and
 Vedic Period (Cont.)
cultural philosophy. They are one of the earliest sources
of law. Customs are mainly of four types, they are:
local custom, general custom, family custom, and class
or caste custom. According to Manusmriti if the custom
is proved it will overpower and prevail over written text
or laws.
 Hindu Period
 During the Hindu period in ancient India, Hindu
society, institutions and beliefs gradually developed
and a definite shape was given to them. Many
important beliefs and doctrines of today are deep-
rooted in the ancient Hindu ideology. In order to
understand properly the ancient judicial system of
India, it is of vital importance to consider three
important factors: i) the social institutions in ancient
India, ii) political system and administrative units and
lastly, iii) its religion and religious philosophy.
 Hindu Period (Cont.)
Social system and institutions
 Caste system
The Caste system emerged in ancient India as unique
and one of the most rigid social systems ever developed
in any part of the world. A caste was a social group
consisting solely of persons born in it. Thus, the caste
was determined by birth. Indian society was divided
into four main castes. The Brahmins were considered to
be the most superior caste. The scholars and priests of
the Hindus belonged to this caste. The had in law and in
 Hindu Period (Cont.)
fact privileges and prerogatives not held by other
sections of Hindu society. The Kshatriyas were the
nobles and warriors and to this caste rulers of various
states and Kingdoms mostly belonged. The Vaisyas
were the merchants and traders. The Sudras were the
workers and ranked lowest. The members of the three
upper classes, namely, Brahmins, Kshatriyas and
Vaisyas were the elite of Hindu society. Caste
determined the pattern of life amongst Hindus relating
to their status, living, marriage, profession and social
obligations during this
 Hindu Period (Cont.)
period.
 Joint family system

Joint family system was another important institution

which determined the social order amongst Hindus in
ancient India. A family was regarded as a unit of the
Hindu social system. An ancient family includes
parents, children, grandchildren, uncles and their
descendants, and their collaterals on the male side. This
joint family had common dwelling and enjoyed their
estate in common. At the head of the family was the
patriarch, whose authority was
 Hindu Period (Cont.)
absolute over the members of his family. He
represented all the members of his family before the
law and claimed absolute obedience from them. A
number of families constituted a sect, gram or village,
which became an administrative unit in ancient India
also. The concept of family led to private property,
which in turn led to disputes and struggles, which
necessitated law and a controlling authority. Two
systems of family law, namely, Mitakshara and
Dayabhaga, became the basis of civil law. They dealt
with
 Hindu Period (Cont.)
property rights in a Hindu joint family and mostly
amongst land-owning families.
 Hindu Period (Cont.)
Political system and Administrative units
 The political system and administrative units were
varied and complex in ancient India. India was
divided into various independent States, some were
monarchies and the rest tribal republics. Dharma was
the most important concept of the Hindu political
thought. The King was the supreme authority of his
State. Although the English doctrine of “King can do
no wrong” was not accepted and the King himself
was subject to law. The Dharmasastras impressed
upon the Kings to
 Hindu Period (Cont.)
look upon the people as God and serve them with love
and reverence. His functions involved the protection
not only of his Kingdom against external aggression
but also of life, property and traditional custom against
internal foes. He (King), with the assistance of his chief
priest (purohita) and military commander (senani),
carried on the administration of his Kingdom. The
different units of the administrative division in ancient
India are shown in Chart.
 Hindu Period (Cont.)
Different Administrative Units
State/ Kingdom

Provinces

Divisions & Districts

Cities

Villages