Hindu Law and Custom (Recht und Sitte) c10.75

c10.75

Cārudatta, accused of murder, is courteously summoned to the court, and in the procedure it is attempted to extort from him an admission of guilt even under the threat of flogging. Alberuni 2, 158 mentions the plaint in writing, furnished with data about the proofs. Also in the Mahratta period plaints and answers in writing were often in use¹. Dubois 497 speaks of a legal usage analogous to the Āsedha, in which the plaintiff goes to his opponent with the words "I arrest you in the name of such and such", mentioning thereby the name of the prince or the governor; the man spoken to in this manner can do nothing until he has tendered his answer for it. In Nepal in the case of civil cases the judge asks the plaintiff about his complaint, and on his paying for it gives him a court servant with him to fetch the accused. In criminal cases it is attempted to extort from the accused an admission of guilt by flogging him; in civil cases it is tried to effect an amicable settlement, and it is done mostly with success². Also the court scene in Pañc. 1 Kathā 21 ends with an amicable settlement.