Theory of Government in Ancient India (Post-Vedic) c11.s5.9

c11.s5.9

In the judicial hierarchy, as a whole, families or Kulas came first; next, Śreṇis or corporations, next Gaṇas or communities, next Royal Officers, next the Adhyakṣa or Chief Justice, and finally, the King who is "the dictator of what should be done and what not." The court should carefully acquaint itself with the customs and institutions of the locality. The judge should put questions to both sides. No statements should be extorted from anybody. Spies and secret agents played a conspicuous rôle in the detection of crime. Roughly, criminal cases and cases of sedition or insult to the king were taken up by the courts of their own accord. Civil cases had to be instituted by one of the parties. Warrants were issued for apprehending those against whom complaints were lodged. Failure to comply was severely punished. If the defendant, when produced in court, was found to have other engagements, he was allowed to go but reasonable security was taken for his appearance. The security must be honest, wealthy, renowned and reliable. He must guarantee for the accused.