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# State and Government in Ancient India c19.s1.26

State and Government in Ancient India c19.s1.26

- **Language:** English

### [c19.s1.26](https://indike.org/pramana/ins.polity.altekar-1949.c19.s1.26)

We may briefly refer to certain fundamental principles that were followed by the Hindu jurisprudence. It insisted that the trial should be in public¹ and that the cases should be normally disposed of serially except in the case of urgency.² Laws's delay has been condemned by the Smṛiti writers.³ The executive was not to interfere with the judiciary.⁴ The judges were to be impartial; during the pendancy of the suit, they were not to have any private talk or relations with the parties.⁵ If a judge was guilty of foul play, partiality or harrassment, or did not follow the correct legal procedure, he was to be punished. The clerk of the court, not taking the depositions correctly, was severely dealt with (\*A.S.\*, III. 20 ; IV, 9). In the sphere of the criminal law also, we have some interesting and important principles enunciated. A crime was regarded as committed, if there was intention to commit it, even if accidental circumstances resulted in the attempt being foiled.⁶ Abetment, whether by supplying funds⁷ or weapons or boarding and lodging, was also punishable. In the case of treason, even the desire to rebel or capture forts by force was punishable.¹

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## Linked texts (1)

- [Kauṭilīya Arthaśāstra](https://indike.org/pramana/in.niti.artha.kautilya.3.20) — Kauṭilya, Sanskrit

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Source: [https://indike.org/pramana/ins.polity.altekar-1949.c19.s1.26](https://indike.org/pramana/ins.polity.altekar-1949.c19.s1.26) · Pramāṇa
