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Studies in Ancient Hindu Polity (Based on the Arthashastra of Kautilya), Vol. I c14.s1.28

Studies in Ancient Hindu Polity (Based on the Arthaśāstra of Kauṭilya), Vol. I c14.s1.28

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English

c14.s1.28

Let us now turn to the restrictions as to time and place with which a contract had to comply. As a rule, the following contracts were void, viz. those that were (i) नक्तकृत, i.e. formed during night; (ii) अन्तरागारकृत,² entered into in the interior apartment of a house; (iii) अरण्यकृत, made in a forest; and (iv) उपधकृत, formed in any other secret place.³ The object of making these contracts void is, as already pointed out, that the law wanted to discourage clandestine contracts as far as possible. However, to remove possible hardship to particular classes of persons who might suffer by these rules, there were exceptions to the four rules. I shall speak of them here in the order of the above rules [*vide* (c), (b), (d), and (f)]:—