Criminal Justice in Ancient India


Book 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 law. 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 ancient Indian texts and give a comprehensive and exhaustive treatment of the system of administration of criminal justice as prevalent in ancient India. Starting from an analysis of the evolution of law and kingship, as recorded in Ancient Indian smrti texts, the epics and the puranas. Dr. Chakraborty has proceeded to expound the theory that was floated by ancient India- the theory that the king was considered to be the fountain head of justice. A detailed treatment of different stages of trail has found place in this work enhancing its value as a source book. Different types of evidences such as document, witness and conduct has been analysed.The author has shown how ancient India did formulate a clear-cut definition of Crime beginning from defamation and ending with criminal assault and murder and prescribed appropriate punishments for those crimes.







Court Procedure in Ancient India


Book Description

The Present Work Discusses The Legal Organisations In Ancient India And Presents An Analytical Study Of The Hindu Law And Customs. The Main Interest Centres Round The Court Of Law And The Procedure Of Law, Which Is A Subject Of, Specialised Technical Nature. The Topic, Practically Untouched Till Now, Has Been Drafted In A Completely Original Form. It Is Mainly A Research Work, Which Documents All-Important Statements It Makes And Seeks To Throw Fresh Light On Several Important And Obscure Points. The Subject-Matter, However, Has Been Presented In A Manner Calculated To Be Attractive And Intelligible To The General Reader. The Work, Therefore, Will Definitely Be Taken As A Valuable Contribution To Readable Material For Those Who Have Thirst And Curiosity To Know More And Desire To Enrich Their Store Of Knowledge For Hindu Judicial Procedure. The Students Of Law As Well As Those Of Ancient Indian Polity And Culture Will Find This Work A Source Book And A Valuable Guide.




Crime And Punishment In Ancient India


Book Description

This Study Is An Attempt To Focus Attention On That Aspect Of Society Which Arises Out Of Disobedience Of Established Norms And Rules Invoking Widespread Moral Indignation, Strain, Stress And Tension That Calls For Deterrents. Geographically The Study Is Chiefly Confined To Northern India While The Main Emphasis Is On A Specified Time Period Of History. The Work Is Divided Into Six Chapters. The First Chapter Deals With Source Materials And Their Respective Values. The Chapter On Crime Offers A Glimpse Of Various Crimes Prevalent During The Period From Petty Breaches Of Laws To Grave Offences Against Society And State. The Chapter On Punishment Notes The Nature And Modes Of Punishment And Remissions Of Punishment Under Prescribed Conditions. The Chapter On Police Organisation Deals With The Various Measures Employed By Police Administration To Detect Control And Prevent Crimes And The Role Of Different Officials In The Hierarchy. The Chapter On Judicial Administration Is A Survey Of The Factors Involved In The Intellectual Procedure By Which Judges Could Arrive At Decisions And Various Procedures Adopted Therefor. The Concluding Chapter Discusses Sources Of Hindu Law And Notes That Application And Interpretation Of Law Is Subject To Adjustment With Cycles Of Time And Political Changes, Which Determine The Social Attitude To Crime-Punishment Forms And Relations, Though Law Remains, Unchanged In Essence.







Essays on Legal Systems in India


Book Description

In a civilized world human being created some rules and regulations for a peaceful, happy and prosperous living. In order to understand the above topic in proper historical perspectives an attempt has been made to collect important works on the subject of the study. Today the legal system is at cross roads. How can this study stimulate original Indian thought process on the subject is the aim of this exercise. Contents: Introduction, Judicial System in Ancient India, Nature and Perspective of Law in Ancient India, Judicial System in Medieval India, Social Justice in Medieval India, Culture and Law, Growth of the Judiciary, India and International Law, Law, Lawyers and Judges, Inter-State Relations, Independence of Judiciary and Access to Justice.







Evolution of Law of Crimes in Ancient India


Book Description

This Book Looks At Long History Of Law-Making And Justice In India From Ancient Times. The Origin Of The Present Dissertation Goes To The Days When I Secured Doctorate In 1957 On The Sociological And Ethical Aspects Of Manusmrti. `Why Not Take Up Another Problem?` I Thought, My Mind Steadied On Law. Then I Decided To Moveon To Criminal Law And To Examine And Evolve The Same From Time To Time And From Smrti To Smrti. I Sought The Advice Of Prof. H.D. Velankar And Dr. G.C. Jhala. They Discussed With Me, Gave A Few Suggestions And Blessed The Project, That Was Of High Research Value, Which Has Resulted Into 14 Chapters, All Of Which Found Place In Journals Of All-India. In All Titles, I Have Taken Care To Understand, Analyse And Examine The Implications Wherever Possible. The Titles Have Brought Clarity.