Studies in Ancient Hindu Polity (Based on the Arthashastra of Kautilya), Vol. I c12: Chapter VIII. The Courts of Justice

Studies in Ancient Hindu Polity (Based on the Arthaśāstra of Kauṭilya), Vol. I c12

Language: English

Chapter VIII. The Courts of Justice

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It goes without saying that the welfare of the people is determined to a considerable extent by the nature of the law of the land and the efficient administration of justice. Laws are unseen agencies as important for popular well-being as the visible agents of government. The object of this and the following chapters will be to consider in detail some of the laws of Chandra Gupta’s Government, the way they were administered, and the contribution they made to the material welfare of the country.

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There were two classes of law courts in the country, the धर्मास्थीय courts and the कण्टकशोधन¹ courts—each differently constituted. There was also a difference in respect of the nature of the cases that came under their cognizance.

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¹ Literally, the courts for the removal of thorns (disturbances).

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First, as to composition,¹ each धर्मास्थीय court² was made up of three persons well grounded in the Śāstras (i.e. धर्मास्थाः) or three ministers (अमात्याः) who sat together for hearing cases.

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¹ *Vide* p. 147, व्यवहारस्थापना, and p. 200, काण्टकशोधनम्—Bk. III, Arthaśāstra.

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² The text seems to be faulty: "था" seems to be left out.

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In each कण्टकशोधन court, three अमात्य's or three प्रदेश्टृ's sat to decide cases.

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Next, as to the jurisdiction of the courts, a धर्मास्थीय court generally decided such cases as arose from the personal grievances of one or a few individuals against another or a few other individuals, and the punishments were only in fines, these fines being not very heavy. The cases that came within the jurisdiction of a कण्टकशोधन court generally related either to matters that affected the Government, the king himself, the public at large and large bodies of men, or to such other heinous offences as murder. Though small fines were inflicted by this court for offences that were not so grave, yet the fines for the graver offences ranged up to a very high limit.

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This distinguishes it from a धर्मस्थीय court. Another distinction consisted in the fact that it lay in the power of a कण्टकशोधन court to inflict capital punishment, with or without torture according to the gravity of the offences.

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Below are given two lists of the kinds of cases that came under the cognizance of the two classes of law courts:—

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I. The धर्मस्थीय court tried cases bearing on the following questions:—

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(i) Validity of contracts—व्यवहारस्थापनम्. (ii) Violation of contracts of service—समयस्यानपाकर्म. (iii) Relation between master and servant, employer and labourer—स्वाम्यधिकारः, भृतकाधिकारः. (iv) Slavery—दासकल्पः. (v) Recovery of debts—ऋणादानम्. (vi) Deposits—उपनिधिकम्. (vii) Rescission of sale—विक्रीतक्रितानुशयः. (viii) Resumption of gifts—दत्तस्यानपाकर्म. (ix) Robbery and violence—साहसम्. (x) Assault—दण्डपारुष्यम्. (xi) Defamation—वाक्पारुष्यम्. (xii) Gambling—द्यूतसमाह्वयम्. (xiii) Sales of property by another than owner—अस्वामिविक्रयः. (xiv) Rights of ownership—स्वामिसम्बन्धः. (xv) Boundary disputes—सीमाविवादः, मर्यादास्थापनम्. (xvi) Construction of buildings—वास्तुकम्. (xvii) Sale of house property—वास्तुविक्रयः. (xviii) Damage to agriculture, pasture and public roads—विवीतक्षेत्रपथ-हिंसा. (xix) Miscellaneous hindrances—बाधाबाधिकम्. (xx) Duties of man and wife—विवाहसंयुक्तम्, विवाहधर्माः, जीवनकल्पः, etc. (xxi) Partnerships—भूयससमुत्थानम्. (xxii) Inheritance and succession—दायविभागः, दायक्रमः, etc. (xxiii) Miscellaneous offences—प्रकीर्णकानि. (xxiv) Rules of procedure—विवादपदनिबन्धः.

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II. The कण्टकशोधन court tried cases relating to the following:—

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(i) Protection of artisans—कारुकरक्षणम्. (ii) Protection of merchants—वैदेहकरक्षणम्. (iii) Measures against national calamities — उपनिपातप्रतीकारः. (iv) Suppression of the wicked—गूढाजीविनां रक्षा. (v) Detection of criminals by ascetic spies—सिद्धव्यञ्जनप्रकाशनम्. (vi) Arresting robbers on suspicion or in the act—ग्रहणापक्रमविषयः. (vii) Post-mortem examination—आशुमृतकपरीक्षा. (viii) Cross-examination—वाक्कर्मानुयोगः. (ix) Discipline in Government departments—सर्वाधिकरणरक्षणम्. (x) Fines in lieu of mutilation of limbs—एकाङ्गवधविषयः. (xi) Capital punishment with or without torture—शुद्धवधदण्डत्वम्. (xii) Improper social intercourse—कन्याप्रकर्म. (xiii) Punishments for miscellaneous offences—अतिचारदण्डः.

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It should be noted¹ that over and above these courts, the head-man (ग्रामिक) and the elders of a village (ग्रामवृद्धाः) played an important part in the settlement of disputes among the villagers, and the former was vested with the power of summarily punishing certain offences. It appears from a passage that he could “deport” out of the village under his charge a thief or an adulterer if such a step became necessary.

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¹ See वास्तुविद्याः, p. 169, Bk. III, and विवीतक्षेत्रपथहिंसा, p. 171, Bk. III.

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The king with his ministers and learned Brāhmaṇs formed the highest court of appeal.¹

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¹ Bk. I, राजप्रविधिः ।

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Now, as to the seats of the above courts: they held their sittings in every संग्रह, i.e. a town forming the headquarters of villages; in every द्रोणमुख, i.e. a town which was the headquarters of 400 villages; in every स्थानीय, i.e. a town being the headquarters of 800 villages; and in every जनपदसन्धि, i.e. a place centrally situated between any two provinces of the empire. It will thus be seen that the metropolis must have had courts of the above two classes besides the royal law court.²

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² व्यवहारस्थापना and कायकरवचनम् ।—Bk. III; see also Bk. II, जनपदनिवेशः ।

Linked texts (1)

Kauṭilīya Arthaśāstra — Kauṭilya, Sanskrit