Age of the Nandas and Mauryas c11.s16.1

c11.s16.1

For the administration of justice, there were two sets of courts besides the village tribunals that dealt with petty cases under the guidance of the headman and elders; these were styled the *Dharmasthīya* and *Kaṇṭakaśodhana*. At the top of the whole system was the king who could no longer make himself personally responsible for the entire administration of justice as in the smaller kingdoms of the earlier times reflected in the early *dharma-sūtras*, but was ever ready to hear matters on appeal and dispose of them without undue delay. The *dharmasthīya* courts were presided over by three *dharmasthas* learned in sacred law and three *amātyas*, and there were courts in all important cities and other convenient centres; rules were laid down about circumstances which rendered agreements void, and about procedure in court—plea, counterplea and rejoinder. The main heads of civil law dealt with (1) marriage and dowry including divorce (*mokṣa*), (2) inheritance, (3) houses, house-sites and disputes regarding boundaries and water-rights, and trespass, (4) debt, (5) deposits, (6) serfs, (7) labour and contract, (8) sale, (9) violence, (10) abuse, (11) assault, (12) gaming and miscellanea. In many respects Kauṭilya is seen to lay down rules that alter and liberalise the precepts of the ancient texts, and in his hands the exposition of the whole subject is more rational and progressive than orthodox and conservative. In the absence of witnesses the ordeal was resorted to. Punishments were carefully graded and executed by royal authority; they included fines, imprisonment, whipping and death with or without torture. There must have been in existence also caste *panchāyats* and guild courts which regulated the affairs of communities and professions and dealt with disputes among them in the first instance.