Criminal Justice in Ancient India

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The richness of Indian culture has left its stamp in all institutions designed by the mind of ancient India, and the judicial system formu lated 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 inasmuch 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 unalterable.

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.

Dr. H.P. Chakraborty is the retired Adhyapaka and Head of the Department of Ancient Indian History and Culture, Visvabharati University, Santiniketan. Earlier he worked as a senior lecturer of the subject in a number of colleges and for some time became the Principal of the B.C. College, Rishra, West Bengal.

He contributed a large number of research papers and articles in various journals. Among his published monographs mention may be made of Trade and Commerce of Ancient India (200 B.C. to 650 A.D.); A Critical Study of Asceticism in Ancient India; India as reflected in the Inscriptions of the Gupta period; Political and Legal Institutions in Vedic Literature and Socio-Economic Life of India in the Vedic Period.

In the following pages an attempt has been made to trace the history of "Criminal Justice in Ancient India". Scholars like Jolly, Bühler, Jayaswal and Kane have discussed some aspects of the subject but nobody has yet given any systematic treat mėnt of it. "Crime and punishment in Ancient India", hitherto done in this field by Dr. R.P. Dasgupta is the only work that deserves mention and I am indebted to this scholar for the light on the laws of other ancient peoples. While civil law of ancient India has received a careful attention from a number of scholars, the criminal law has ever been neglected. But the penal law of a country is the true index of its civilization, and an enquiry into it gives us an insight into the political, social, economical and religious conditions prevailing in ancient India. Regard being had to the works, already done on the subject the present author may claim to say that he has got to walk along a path, which, though not devoid of light, is mostly untraded.

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. As a matter of fact, in the Vedic period itself Indian mind could establish a magnificent system of administration of justice, which did contain the highest principles and finest procedures of judicial system, not dreamt of even by the Jurisprudence of Rome and England in ancient times. This system of administration of justice is surprisingly modern, since it upholds the independence of the judiciary, and declares the firm principle that nobody including the supreme monarch is above the prescription of law.

Ancient India employs the important term 'Dharma' to signify the concept of law, and this law is comprehensive in character inasmuch 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 unalterable. Indian Legal Texts always pro claim the supremacy of this 'Dharma', and say that all the exercises of man are to be regulated by the canons of 'Dharma', which is supposed to protect the individual and the society when followed with meticulous care. The Mahābhārata gives a clarion call to posterity to control, all pursuits for attainment of wealth and libidinal satisfaction, as also ventures for having liberation with the canon of this 'Dharma'.

It is astounding that even in the hey-days of monarchy, Indian mind could keep the administration of justice separated from the executive and evolved institutions and systems through setting up of which this independence could be maintained for all time to come. The Vinaya-Pitaka refers to a beautiful case in which it is reported that a prince and a citizen submitted their case to the law-court and the court was pleased to decide against the prince. The prince accepted the decision in good grace, and he considered that this was binding on him.

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