Administration of Justice in Ancient India

Author: K Srikantan
Translator(s)/ Editors(s): V Ramachandran
Publisher: Bharatiya Vidya Bhavan
Year: 2007
Language: English
Pages: 223
ISBN/UPC (if available): 8172763638

Description

The richness of Indian culture has left its stamp in all institutions designed by the mind of ancient India, and the judicial system formulated by ancient India is no exception to this general rule.

Ancient India employs the term 'Dharma' to signify the concept of law, and this law is comprehensive in character in as much as, it brings under its orbit not only the laws of physical science, but also social laws, which the experience, wisdom and intuition of highly developed personalities could discover as unalternable.

Though the body of laws or 'Dharma' was traditional in character and from that point of view could not be altered by direct changes introduced by the State, yet law was continuously being made by the judges through interpretation.

The institution of justice depended much on the part played by the jury and the jury was appointed from members of the society having proven character and command over haw.

All cares were taken to keep the judiciary free from the influence of the monarch and other powers of vested interest. The procedure of criminal law was equally significant. No one was exempted from punishment and it was also prescribed that if persons of a responsible position and social status and officers in the administration commit an offence they were required to undergo punishment more severe than that meted out to an ordinary citizen committing the same offence.

Though ancient India had stated much about criminal justice and judiciary system, no author has as yet made an attempt to collect all the available materials from administration of criminal justice as prevalent in ancient India.

Contents

Foreword
Editor's Note
Preface
Chapter
1 Sources of information
2 The Artha Shastra: Kautilya
3 Miscellaneous Sources
4 Sources of Law
5 Justice: Ancient and Modern
6 Courts of Justice in Ancient India
7 The state Courts
8 The Popular Courts
9 The Judges
10 The Jury
11 Some Cases
12 Law of Evidence: Ordeals
13 Law of Evidence: Document
14 Law of Evidence: Witnesses
15 Law of Evidence: Oaths
16 Police Organisation in Ancient india
17 Police Organisation: Prevention of Crimes
18 Police Organisation: Prosecution
19 police Organisation: The Right of private Defence
20 police Organisation: Detective Police
21 Trial and Judgement
22 Lawyers in Ancient India
23 Ancient Indian Penal code: Introduction
24 Ancient Indian Penal Code: A Review
Bibliography