Ancient indian legal system and jurisprudence

Few sub-heads are taken for example to support the connotation that ancient India has a similar set of rules and procedure which was followed by the Britishers.

1. Ancient Indian Legal System and Jurisprudence By Subham Saurabh BBA, LL.B (Hons.) 1120171822

2. INTRODUCTION India has the oldest judiciary in the world. C olossal misrepresentation of Indian Jurisprudence and the legal system of ancient India: By writers and jurists. A bsolute ignorance or to defy Indian culture to dominate Indian civilization. Laws of ancient Indian society contributed to attainment such most eminent stage of Human Civilization

3. JUDICIAL SYSTEM IN ANCIENT INDIA The concept of Dharma. Law is King of Kings: Everybody was supposed to abide by dharma even the Kings. Any disputes were decided following similar standards of normal justice which administer the legal procedure in modern India today. H ierarchy of judges and they were autonomous and subject just to the law.

4. JUDICIARY IN ANCIENT INDIA F our legs of Law: Sacred law (Dharma), Evidence ( Vyavahára ), History ( Charitra ), and Declarations of rulers ( Rájasásana ) How Administration of Justice was carried out. In Villages- Kulani System (Like present day ‘Panchayat’). Towns and districts- Government officials court under the authority of King. King’s Court- Final Appeal. For Traders and Manufacturers there was different court . Family Courts – Puga .

5. RULE OF LAW IN ANCIENT INDIA Many ancient text and writings proves that Rule of Law Prevailed in Ancient India. A king or ruler cannot do any wrong. If does shall be executed or his property shall be forfeited. LAW RELATING TO WITNESSES Hearsay evidence was not permitted. Quantity and Quality of witnesses. CLASSIFICATION OF VIVADA (DISPUTES) Artha-Vivada (civil disputes) and Himsra samudbhava Vivada (criminal disputes) REPRESENTATION BY AN ATTORNEY

6. CONCLUSION There was nothing higher than the law. Ancient Indian jurisprudence related to a feudal society . Introduction of alien philosophy to Indian sub-continent was and is a complete mismatch. Some of the practices still prevail.