Public Administration in Ancient India c15.52

c15.52

Lawsuits, according to Nārada, have three efficient causes, for they proceed from one or other of three motives, namely, carnal desire, wrath, and greed.³ "When mortals," says Nārada, "were bent on doing their duty, and were habitually veracious, there existed neither lawsuits, nor hatred, nor selfishness. The practice of duty having died out among mankind, lawsuits have been introduced."⁴ The topics which give rise to lawsuits are grouped by the law-givers under eighteen titles, namely, (1) recovery of debts, (2) deposit and pledge, (3) sale without ownership, (4) concerns among partners, (5) resumption of gifts, (6) non-payment of wages, (7) non-performance of agreements, (8) rescission of sale and purchase, (9) disputes between owners of cattle and herdsmen, (10) disputes regarding boundaries, (11) assault, (12) defamation, (13) theft, (14) robbery and violence, (15) adultery, (16) duties of man and wife, (17) inheritance and partition, and (18) gambling and betting.¹ It is evident that the list includes both civil and criminal cases. Although it was not found necessary to draw a line of separation between the two classes, the distinction, it appears, was fully understood. This becomes clear from the following passage which occurs in Brihaspati Smriti: “Lawsuits are of two kinds, according as they originate in (demands regarding) wealth or in injuries. Lawsuits originating in wealth are (divided again) into fourteen sorts, those originating in injuries into four sorts.”² Most of these titles had sub-divisions, which, taken together, amounted to one hundred and thirty-two.³