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The Mauryan Polity c8.s4.t3: Courts of Law

The Mauryan Polity c8.s4.t3

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Courts of Law

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The *Arthaśāstra* mentions two kinds of law-courts; the *dharmasthīya* or courts where civil law was administered and the *kaṇṭakaśodhana* or the criminal court of law. Kauṭalya devotes two books² to the province of jurisdiction of these two important courts of law. A study of the nature of the cases which came under the purview of the *kaṇṭakaśodhana* court, and an examination of the functions allocated to that department lead us to the conclusion that in addition to its administrative functions, that court acted also as a police court. For, the detection and prevention of crimes as well as the award of corporal and capital punishments rested with it.

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² Bks. III and IV.

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Though it would be interesting to study in detail the cases which came before the *dharmasthīya* court for disposal, still lack of space forbids us an attempt at it. As it is, a passing mention of these cases will itself be of much interest. These may be categorically stated.¹

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¹ For further details see *Hindu Ad. Inst.*, p. 228-ff. See also N. N. Law, *Studies in Hindu Polity*, pp. 119-120.

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1. Contracts of a general nature (vyvahārasthāpana).²

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² Bk. III, ch. 1.

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2. Agreements of service, etc., (samayasyānapākarma).³

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³ Ibid.

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3. Duties and rights of the employer (svāmyadhikāraḥ).

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4. Duties and privileges of the employed (bhṛtakādhikāraḥ).

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5. Questions concerning the slaves (dāsakalpaḥ).

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6. All relating to loans (ṛṇādānam).

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7. Deposits of different kinds (aupanidhikam).

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8. Sales and pre-emption (vikrītakrītānuśayam).

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9. Presents and gifts (dattasyānapākarma).

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10. Highway robbery (sāhasa).

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11. Assault (daṇḍapāruṣyam).

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12. Cases relating to defamation (vākpāruṣyam).

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13. Questions concerning gambling (dyūtasamāhvayam).

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14. Irregular sale of property (asvāmivikrayaḥ).

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15. The right of possession (svasvāmi sambandha).

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16. Formation of boundaries of lands and settling of disputes arising from them (sīmāvivāda, maryādasthāpanam).

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17. Cases regarding the immovables (vāstukam).

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18. Destruction of crops, pastures, roads, etc. (vivitakṣetrapatha hiṃsā).

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19. Laws of marriage (vivāhadharma, strī dharma-kalpaḥ).

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20. Questions relating to co-operative enterprise (sambhūyasamuthānam).

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21. Cases of inheritance and succession (dāya-vibhāgaḥ, dāyakarma).

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22. Rules of procedure (vivādapadanibandaḥ).

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*Jurisdiction of the Criminal Law-Court*

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The criminal law-court on the other hand dealt with the following cases¹:

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¹ the whole of Bk. IV.

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1. Protection of artizans and merchants (kārmi-kavaidehakarakṣaṇam).

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2. Protection and regulation of the claims of labour.²

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² Bk. IV, ch. 2.

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3. Protection of the prostitutes (gūḍhājīvinām rakṣā).

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4. Tracing criminals through spies (māṇava-prakāśanam).

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5. Arresting the suspicious or real culprits (saṅkārūpakarmābhigraha).

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6. Post-mortem examination (āśumṛtakaparīkṣa).

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7. Maintaining discipline in the different departments of the State (sarvādhikaraṇarakṣaṇam).

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8. Punishment for mutilation (ekāṅgavadhaniṣkrayaḥ).

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9. Capital punishment with or without torture (śuddhaścitraśca daṇḍakalpaḥ).

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10. Ravishment of immature girls (kanyāprakarma).

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11. Examination by word of mouth and action thereon (vākyakarmānuyoga).

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12. Other criminal offences (aticāra-daṇḍaḥ).

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A survey of the cases that came within the purview of the criminal law-court shows the combination of police functions with magisterial duties. Much of the police control was by means of informants who sometimes acted as agents provocateurs. One of the functions assigned to these informants was the shadowing of the suspected, and in this respect it resembles that of the modern secret police organisation. The procedure prescribed for investigating cases of theft and homicide¹ is a test to prove the perfect organisation of the judicial department. In regard to suicide committed by men or women, equal punishment was awarded. The idea was to check such a heinous offence as far as possible. Neither burial nor cremation was allowed. The bodies of persons who committed suicide were exposed on thoroughfares by having them drawn on public roads by caṇḍālas and were cast away uncared for.² Thus the seemingly arbitrary punishment was to put down such crimes as they would otherwise become numerous.

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¹ Bk. IV, ch. 4 and 5.

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² ghātayetsvayamātmānam strī vā pāpena mohitā|| rajjunā rājamārge tām caṇḍālenāpakarṣayet| na śmaśānavidhiṣeṣām na sambandhikriyāstathā|| bandhuṣeṣām tu yaḥ kuryātpretakāryakriyāvidhim| tadgatim sa caretpaścāt svajanādvā pramucyate||

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