Classical Hindu Law in Practice - Judicial Practices of Classical Hindu Law

Judicial Practices of Classical Hindu Law

There are no references of Judicial procedure in early Vedic times but there was a frequent mention of the term Rta implying that there was a divine cosmic order by which the universe was regulated. The idea of Dharma seems to have developed from Rta, since Dharma later became the word commonly used in ancient India to designate law. The Rig Veda provides little evidence of civil law. In ancient India Dharma had a religious basis and was enforced by religious threat. It changed not by the will of the king but the evolution of social custom usages and practices. During the Brahmana period, the process of giving punishments to culprits was formed and for this reason law-assistants were appointed. The full Judicial procedure came into light during the composition of the Dharmaśāstras and Smrtis. King figures appeared as the highest judicial authority with a network of courts established under him. The courts consisted of ten members King, Pravivaka, the Sabhyas, the Ganika (accountant), the Lekhaka (Clerk) and court inspector.

• Kings at the center of the court, facing the east- Sabhyas and Pradvivka on his right facing the north side, bench clerk on the left accountant opposite the bench clerk facing west. The King acted as the supreme judge and had the final decision issued under his signature and seal.
• Pradvivakas and Sabhyas- assist the king in arriving at the truth and giving correct judgment.
• Sabhyas seven, five or three in number—selected for their knowledge of the law and they had to advise the king on laws applicable to the case. Including only the people well versed in the Vedic lore and civil law.
• Bench clerk wrote down the pleading made orally in the case.
• Accountant made calculation of money involved in the suits.
• Sadhyapala preserved the order in the court, execute its decrees and see to the attendance of parties and witnesses.

The decision of a case in ancient India was based on eight sources according to brahmanical law givers. These sources are the three Pramanas (possession, documents, and witnesses) logical inference, the usages of the country, sapathas (oaths and ordeals), the kings edict and admission of the litigants. If there were cases where no possessions, documents and recourse can be provided the decision of the King became the ultimate authority.

Four parts of a trial—

• Pratijna - plaint or complaint
• Uttaram — answer of written statement
• Kriya — Trial
• Nirnaya — Decision according to Yajnavalkya