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The Mauryan Polity c8.s4.t6: Legal Procedure

The Mauryan Polity c8.s4.t6

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Legal Procedure

c8.s4.t6.1

It has been already mentioned that the *Arthaśāstra* mentions four bases of law in the order of their increasing importance: *dharma*, *vyavahāra*, *saṃsthā*, and *rājaśāsana*. Every case was decided on its merits. Generally honest and truthful witnesses were let in to depose. *Śrotriyas*, the king, members of the interested party, degraded criminals, etc., were ineligible to depose as witnesses.¹ Only those who came of an honourable family and whose character had been put to test were eligible. These took the oath in the usual procedure before they were cited as witnesses.² The court allowed them travelling and halting allowances, which appear to have been met by the defeated party.³

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¹ Ar. Śās., Bk. III, ch. 2.

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² Ibid.

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³ puruṣabhṛtiraṣṭāṅgaḥ| pathi bhaktamarthaviśeṣataḥ| tadubhayam niyamyo dadyāt|—Ar. Śās., Bk. III, ch. 1.

c8.s4.t6.5

Cross-examination was a feature of the legal procedure. So far as the criminal cases were concerned the suspected was not to be apprehended after the lapse of three days from the day on which the crime was committed. The suspected was arrested and kept in police custody (caraka) until the next day when he was tried. That the Judge should not decide a case on mere circumstantial evidence is the opinion of Kauṭalya, as he cites the case of Māṇḍavya where injustice was done, relying, as the judge did, on the strength of such circumstantial evidences.

c8.s4.t6.6

The following court offences (paroktadoṣa) among others are mentioned by the Kauṭalīya, as punishable by the Court whether committed by the defendant’s party or the plaintiff’s party.⁴ These are:

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⁴ Ar. Śās., Bk. III, ch. 1.

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(1) Evading a straight answer to the question.
(2) Inconsistent statements.
(3) Seeking advice from undesirable sources.
(4) Not continuously answering the question at issue.
(5) Adducing irrelevant points.

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(6) Contradicting the statements given by his own witnesses.

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(7) Talking in secret to the witnesses without obtaining permission from the court.

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(8) Meeting the arguments of defence on the same day.

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(9) Failure to defend or to prove one's case within the time fixed for the purpose.

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(10) Unwarranted statements.

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The fines for these offences are said to be pañcabandha and daśabandha, the fifth and tenth parts of the sums sued for.¹ The Arthaśāstra rules that creditors of high social status, guilty of parokta, shall pay a fine, equal to one-tenth of the amount sued for, and creditors of lower status one-fifth of the amount.²

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¹ Bk. III, ch. 11. Cp. Vijñāneśvara's commentary on verse 171, (II) of Yājñavalkya: Also Śrīmūlam commentary, Vol. II, p. 68.

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² See for details Hindu Ad. Inst., p. 258.

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