The State in Ancient India: A Study in the Structure and Practical Working of Political Institutions in North India in Ancient Times c14.38

c14.38

The Court should be presided over by the king who should maintain a dignified demeanour but should refrain from ostentation in his dress or ornaments. The Court. He must always be assisted by Brâhmaṇas and learned counsellors. Seated or standing, he should raise his right arm and "examine the business of suitors." In the absence of the king, a learned Brâhmaṇa should preside over the Court and should be assisted by three counsellors. The judge should try to find out the truth by inferences as a hunter traces the lair of a wounded deer by the drops of blood. "When engaged in judicial proceedings, he must pay full attention to the truth, to the object, to himself, next to the witnesses, to the place, to the time and to the aspect." Manu bars from the witness-box interested persons, friends, companions, enemies, those convicted of perjury, notorious bad characters, followers of forbidden occupations, men of low caste, those deficient in organs of sense, lunatics, thieves, wrathful people, those who are extremely grieved, intoxicated, tormented by hunger or thirst or desire, or oppressed by fatigue, etc. In grave cases, however, the moral competence of witnesses should not be examined too closely. In Manu witnesses seem to share a little of the character of assessors. "On a conflict of witnesses," we are told, "the king shall accept the majority; if (the parties are) equal in number, those distinguished by good qualities; on a difference between the distinguished, the best among the twice-born." When the parties were assembled, the judge was to exhort them by heaven and hell, with the utmost solemnity, to speak the truth. Besides the evidence of witnesses, the observation of the voice, colour, motions, aspect, eyes and gestures of the parties should aid the judge in discovering the internal dispositions of men. Manu recognises two ordeals, though he does not dilate on them at length. If one could dive under water or carry fire, one should be adjudged innocent.¹ Manu recognises four grades of punishment—admonition, reproof, fines and corporal chastisement. From the last he would exempt Brāhmaṇas. Corporal punishment could fall on any part of the body such as the eyes, ears, the tongue, hands and feet. Imprisonment seems to have been regarded as a variety of corporal punishment.²