History of Mediaeval Hindu India (being a History of India from 600 to 1200 A.D.) v3.c41.s23.1

v3.c41.s23.1

The next, and according to Hindu ideas the most important, function of the state is the Judicial. The Hindu king from the most ancient times personally dispensed justice to his people and sat in court every morning to hear suits (Manu). In his absence the Prāḍvivāka (judge) acted for him. In mediæval times the same practice obtained as may be seen from the Rājatarangiṇī (Vol. I. p. 206). There is no mention of the Prāḍvivāka, however, among officers of the court in inscriptions and as stated before the king probably always himself dispensed justice with the aid of his ministers and sabhyas or assessors, according to Smṛiti rules. The officer named Daṇḍanāyaka mentioned in almost all inscriptions was the magistrate in the district. He awarded punishments when the accused was tried in his court before himself and a jury. According to Smṛitis there is no difference between civil and criminal proceedings. All civil and criminal cases came under certain heads and in each the losing party was punished with fine and in cases of heinous offences imprisonment, mutilation or death. The police and the jail were probably under the Daṇḍanāyaka and there were co-ordinate officers with him, named Dāṇḍika and Daṇḍapāśika (Bengal. J. R. LXIX p. 71). There was also a special officer in each district for catching thieves and robbers called Chauroddharaṇika. Hindu law and Hindu states attached great importance to the ferretting out of thieves and robbers and these were mercilessly punished when caught red-handed, having always their left hands cut off.