Pre-Buddhist India: A Political, Administrative, Economic, Social and Geographical Survey of Ancient India Based Mainly on the Jataka Stories c4.t6.90

c4.t6.90

In the instances of cases that we noticed before we nowhere see anything like legal proceedings, lawyers defending their clients and raising points against the opposite party. Nevertheless it does not seem proper to hold that there were absolutely no lawyers who could place and defend the cases of their clients before the Court, and earn their livelihood from that profession. For there are some references to 'Vohāra' which, if consistent and correct in their application, would go to prove that some sort of legal practice was followed. Once⁵ we are told that a certain Brāhmaṇa earned his livelihood by following Vohāra. This of course does not give any definite meaning of the term Vohāra. Our hesitation lies only in this, that the meaning of this Vohāra is not always the same. In one place⁶ it clearly applies to trade, whereas in another⁷ it expressly goes with the administration of justice. That it went with the latter is also clear from the expression "So dhammena rajjam kāresi, vinicchayam anusāsi....amaccāpi dhammena 'eva vohāram vinicchinimsu," occurring elsewhere.⁸ Thus the association of Vohāra and Vinicchaya here is unquestionable and unequivocal, and it makes us bolder therefore to state, that vohāra or vyavahāra as meant by the Law books and the Arthaśāstra⁹ was prevalent in the Jātaka times, though not as strictly as later.¹⁰ Though we have no details of hearing suits, the instances already cited at least show that the complainant stated his case, and the accused made his statement in return, probably on oath. The Court was attended by others than the parties to a suit, and applause was not suppressed, but, on the contrary, considered with respect and due weight by the king. Witnesses (Sakkhi) may be produced,¹ though there is no clear indication for this. Perhaps on the evidence of a witness, cases were reconsidered, as the term 'nijjhāpanam' occurring also in Aśokan Edicts seems to show.² On the whole it seems that the Court was a distinct place by itself, with something of legal atmosphere pervading it.³ With the growth of various trades and professions, special judgeships were instituted,⁴ which shows the development of legal affairs.