The State in Ancient India: A Study in the Structure and Practical Working of Political Institutions in North India in Ancient Times c14.35

c14.35

Allowing for obvious ultra-Brahmanical leanings, the judicial procedure of Manu appears to be based on practice. A remarkable feature is the introduction of the popular element into one of the most notable classes of disputes. The question of boundaries between fields and villages has always been a plentiful source of litigation. According to Manu if the inspection of various marks such as tanks, wells, cisterns, fountains and temples, failed to furnish decisive evidence, the case should depend on the testimony of witnesses. These must be examined “in the presence of the crowd of the villagers and also of the two litigants. As they, being questioned, unanimously decide, even so he (the king) shall record the boundary.” If no witnesses were available, the case might be left to the decision of people from four neighbouring villages. In certain contingencies Manu allows that the law may be taken in one's hand for recovering one's property.²