Home > Indian History > History of India > Legal System in Ancient India
Legal System in Ancient India
Legal system in ancient India can be classified into two broad categories, religious and secular. The legal system in ancient India has been discussed in the texts like Manu Smriti.

Share this Article:

Legal system in ancient India reflects the outlook of the intelligentsia of that age. Legal system in ancient India was of two kinds, namely religious and secular. In ancient Indian society, crime and sin were distinguished as an offence against the state as well as against God. Legal system in ancient India includes various laws for curbing the violation of certain ethical principles. According to the legal system, criminals had to undergo compensation besides facing trial in a court of justice. Like for instance, the assassin of a Brahmana was legally responsible to both expiation and trial.

Legal system of ancient India included mainly 18 titles of law, although some authorities added a few more. According to Manu, these titles of law were non-repayment of debt, deposit, partnership business, resumption of gift, sale of an article by one other than its owner, non-payment of wages, breach of contract, duties of wife and husband, partition of inheritance, repentance after sale or purchase, dispute between the master and the keeper (of cattle), boundary dispute, abuse, too severe punishment, theft, violence, adultery, gambling and animal betting. Further, as per the procedural law under the legal system of ancient Indian society, a cause of action arises when a person, being harassed in a way contrary to the rules of Smriti and usage, lodges a complaint. The judicial proceedings usually comprise four parts, namely complaint, reply, evidence and judgement. Replies can probably be of four kinds, and these are admission, denial, a special plea, relating to a former judgement. Three types of evidences are mentioned namely document, possession and witness. In the absence of these human proofs, divine ones or ordeals are prescribed.

Artha Shastra and Manu Smriti are considered as significant treatises as far as the legal system is concerned. In ancient Indian societies, an independent school of legal practices existed. Some general principles in connection with the judicial proceedings state that in case of disagreement between two texts of Smriti, justice according to usage is to be followed. In case of conflict between a text of Smriti associated with the dharma and one relating to artha, the former prevails. The former one sets rules regarding things unnoticed or otherworldly, while the latter one is more concerned with everyday matters. According to the legal system, an accused is generally barred from lodging a counter-complaint so long as the case against him is not disposed of. However, in case of violent crimes such a counter-complaint is allowed.

Legal system in ancient India also includes adverse possession and different modes of acquisition. Adverse possession grants right to the possessor if the owner who, even while seeing his property adversely possessed, does not raise any objection. A permanent property vests in the person adversely possessing it for 12 years without any objection from the owner. In the case of movables, the period is ten years. The suitable modes of attainment of a property are purchase, gift etc. Generally acquisition, by a valid mode, is stronger proof than possession. Acquisition, without even slight possession, is not valid. A mortgage vests in the mortgagee if it is not redeemed even after the principal amount is doubled. A mortgage, with a time-limit, lapses after the expiry of that time.

In the past, generally religious people were considered fit for being witnesses. Perjury and repression of evidence are punishable offences. But, if a true statement is liable to lead to the death of a member of a caste, an eyewitness is allowed to give false evidence; for the compensation of the sin. In the case of two conflicting groups consisting of an equal number of witnesses, the proof of the one containing more qualified persons is acceptable. If two groups of qualified witnesses differ, the evidence of those, who are most qualified, is to be acknowledged.

The general rule regarding partnership business was that the revenue and loss would be shared in proportion to the money invested by the partners, or as per the rules in the contract. Serious punishment was set for deforming a balance, false weights and measures and for forging coins. Further, anyone is fallaciously posing as a physician will be heavily fined.

Legal system in ancient India included laws for crimes and offences. As regards murder, some authorities consider these people as murderers - one actually committing it, the mastermind, and one who approves it, helper and partner in crime and the one who is primarily involved. Heavier punishment is set for murder with purpose than that without purpose.

Punishable suicide and permitted suicide is also included in the legal system in ancient India. Suicide is generally condemned. But, in certain cases, it is allowed as punishable suicides by some authorities. However, with the passage of time, this practice came to be firmly prohibited. Mistreatment consists in using dirty language to a person causing his sorrow or insult by loudly speaking ill against his country, caste or family etc. Agitation, use of government property for self-interest, defalcation of government funds and misconduct of the chief of prisons were the common offences to the state. According to Manu, use of charm or magic for causing harm to others is punishable.

The main principle, underlying the award of punishment, was restriction. This principle creates a sense of horror among the people. Another purpose of punishment was to restrain the offender. The idea was that if a lawbreaker was kept confined, he would desist from anti-social activities at least for sometime. Reformation of the offender was not ignored. Before imposing the punishment, several factors were to be considered like the time and place of occurrence, the intention, capacity, learning, age, sex, caste, etc. of the criminal. Different opinions existed as far as the death penalty is considered. Torture is also prescribed for extorting confession from the offender. The ancient literary texts mention different modes of torture. A historical study of the penal provisions in ancient India reveals a gradual relaxation of the severity of punishments through ages. According to Katyayana, there will be difference in punishment according to the difference of castes. However, a liberal outlook is evident in the Indian Puranas and Manu Smriti as far as the legal system in ancient India is concerned.


Share this Article:

Subscribe to Newsletter
Learn unknown facts about India from a curated list of informative articles.

Related Articles

More Articles in History of India

History of Indian Drama
History of Indian Drama is rich with Vedas and Indian epics and has gradually changed with time and remains unaffected by any foreign influence.
History of Khajuraho Temple
Located in the Chhatarpur district of Madhya Pradesh, Khajuraho is country’s most magnificent groups of temples.
History of Ayurveda
History of Ayurveda dates back to 5,000 years old and is widely considered to be the oldest form of health care in the world.
History of Uttar Pradesh
The state was the heart of Mahabharata war and the history of Uttar Pradesh is very much the history of India. The place finds its mentions in Hindu epics Ramayana and Mahabharata.
History of Indian Photography
An overview of the development of photography, through the various stages in India.
History of Delhi
History of Delhi began with the advent of Indian regal dynasties. Delhi witnessed the rise and fall of Hindu dynasties, Muslims and the British as well.
History of Indian Radio
History of Indian Radio dates back to late 1930s with the first establishment of All India Radio in 1936 that improved further after independence.
History of Punjab
History of Punjab dates back to the 16th century; however its formation is traced in the great epic Mahabharata.
History Of Archaeology In India
History of archaeology in India contributes a lot to define the past history and the social life of India.
History of Maharashtra
Maharashtra, the land of charismatic Marathas, unfolds the legend of diverse culture and tradition, keeping in pace with the modernity. The gallant history of Maharashtra is still echoed amidst its historical relics and archeological wonders.
History of Kerala
History of Kerala can be interpreted from the inscriptions of Ashoka, Mauryan Emperor. History of Kerala is as interesting as its wide-ranging geographical features that make the land a place of versatile appeal.
History of Bihar
History of Bihar goes back to the very dawn of the human civilizations. Many eminent personalities and leaders from Bihar contributed for India’s freedom struggle.
History of Assam
In the ancient Indian epics like Ramayana and Mahabharata, Assam was known as `Kamarupa` or `Pragjyotish`. In the Mahabharata, the Puranas, the Tantras there are references of Assam as Kamrupa kingdom.
History of Andaman and Nicobar Islands
History of Andaman and Nicobar Islands dates back to the settlement of the East India Company in the territory of the Islands.
History of West Bengal
History of West Bengal is rooted in richness and is an important episode in the history of India. The history of Bengal played an important role in shaping the history of India.
History of Jharkhand
One of the fairly newer states, Jharkhand was carved out of the southern portion of Bihar in 2000. The history of Jharkhand is seeped with a variety of cultural significances starting from the Vedic era to Mughal period and finally the British administration.
History of Sikkim
History of Sikkim declares the pre historic culture and the colonial era hilly politics and the rules of Sikkim.
History of Nagaland
The history of Nagaland mainly revolves around and deals with the customs and economic activities of the Naga Tribes and how the state has evolved since the Indian Independence.
History of Mizoram
History of Mizoram includes the various historical events and incidents which occurred during the various ages, right from before the age of the Mughals.
History of Jammu & Kashmir
History of Jammu and Kashmir involves a series of political and geographical transformations from every ancient era to the modern times also. Even now, Jammu and Kashmir has its political tension between Pakistan and India.
History of Puducherry
Puducherry was invaded by different invaders in different times. The invaders include Pallava Kingdom of Kanchipuram, dynasties of the South, Cholas of Thanjavur, Pandyas and Muslim invaders.
History of Chandigarh
In 1947, the British India was partitioned into India and Pakistan. Punjab was also included in this partition. So, there was a need for a new capital for Punjab, as the old capital Lahore became part of Pakistan during the partition. So, in 1948, under the leadership of chief architect Mr. P.L. Verma the construction of Chandigarh city began.
History of Daman and Diu
During the early stage, i.e. from 8th to 13th century, Daman and Diu was part of Goa.
History of Lakshadweep
History of Lakshadweep defines the first settlement on these islands under the Union Territory of India that was ruled by Cheraman Perumal, who was the last king of Kerala.
History of Karnataka
History of Karnataka comprised of the different rulers of different dynasties of various religions like Hindus, Buddhists, and later the Muslims.
History of Goa
History of Goa dates back to the 3rd century BC and reflects the rule of the mighty rulers and gained its independence under Jawaharlal Nehru.
History of Arunachal Pradesh
Arunachal Pradesh possesses a rich historical heritage of culture of the ancient tribes. Being a bordering state of India, Arunachal Pradesh also has a history of military unrest since ancient Indian age.
History of Andhra Pradesh
History of Andhra Pradesh traces its origin back to the 5th century BC. According to the inscriptions, Kuberaka, the oldest Kingdom in South India had an empire in the coastal Andhra during that period.
History of Himachal Pradesh
History of Himachal Pradesh narrates about the various settlements and dynasties that emerged in the region over time.
History of Uttarakhand
History of Uttarakhand finds mention in the early Hindu scriptures as Kedarkhand, Manaskhand and Himavat. Uttarakhand is called as the Land of the Gods (Dev Bhoomi) because of its various holy places and shrines.
History of Rajasthan
The history of Rajasthan is dotted with tales of valor, chivalry, camaraderie and romance.
History of Tamil Nadu
History of Tamil Nadu reveals that this ancient place in South India was ruled by various kingdoms like the Pandyas Dynasty, Cholas Dynasty, Nayakas Dynasty and Pallavas Dynasty.
History of Haryana
History of Haryana depicts various events and influences that have cast a profound effect on the culture and people of the district. The place gained statehood on 1st of November 1966
History of Odisha
History of Odisha goes back a rather long way. Most of the history of the state is replete with the dynastic as well as tribal struggle for territorial superiority. Odisha is a place where one can find the religion, culture and history flow in away that lead to cultural amalgamation of early India.
History of Manipur
History of Manipur can be traced back to the prehistoric ages and this was followed by a number of rulers who reigned the land from age to age till it came under British rule and later joined the union of India.
History of Gujarat
History of Gujarat can be dated back to the 14th century that later witnessed the supremacy of many powerful dynasties.
History of Tripura
History of Tripura is dealing with the early mythological history and the history of British rule in North eastern part of India.
History of Meghalaya
The history of Meghalaya predominantly comprises of the three tribes of the state- Garo, Khasi and Jaintia tribes. Later on Meghalaya was formed by carving out two districts from the state of Assam.
History of Chhattisgarh
History of Chhattisgarh dates back to the era of epics and traces through the reign of powerful dynasties in India like Marathas. The area developed a rich cultural heritage during British era.