Judicial System in Ancient and Medieval India

Explore the historical evolution of the judicial system in ancient India through this comprehensive presentation. This unit delves into the judicial systems during the Hindu, Muslim, and Mughal periods, highlighting the social, religious, and administrative frameworks that shaped justice administration. Key topics include the caste-based justice system, the role of Dharma and Smritis, trial by ordeal, and the hierarchical court structures across different eras. This presentation is ideal for students, history enthusiasts, and anyone interested in the development of legal systems in India.

1. Legal Development Unit 1: Judicial System in Ancient India Judicial System in Ancient India: Hindu Period . Ancient Hindu Social Order and religious philosophy. Administration of Justice: Institution of Lawyers, Judicial Procedure, Trial by Order etc. Judicial System in Medieval India: Muslim Period; Mughal Period .

2. Hindu Period. Dharma: It was the law followed in the Society which means duties and privileges of the society. Caste System: in 4 major groups in the hierarchy of Brahmins, Kshatriyas, Vaishyas and Shudras. There was joint family system in ancient times. Justice was given on the basis of Smriti. Smritis are a class of Hindu sacred Literature that contain social, domestic and religious teachings.

3. Judicial Procedure 1. Plaint 2. Reply 3. Trial and Investigation. 4. Verdict. Trial by Ordeal: This method was used to determine the guilt of a particular individual. Religious justice system as it depended on taking oath of god. Agni Purna has a detailed accounts of ordeals for punishment for heinous crimes i.e. ordeal by balance, fire, poison, water etc.

4. Judges: caste consideration played an important role. No women was allowed. Judge must take oath of holy books. Crimes and Punishment: The punishment served 4 main purposes, namely to meet the urge of people who suffered for revenge, retaliation, as deterrent and preventive measures, and for reformation or redemption of the evil doers.

5. Judges: caste consideration played an important role. Heirarchy of caste system. Crimes and Punishment: The punishment served 4 main purposes, namely to meet the urge of people who suffered for revenge, retaliation, as deterrent and preventive measures, and for reformation or redemption of the evil doers.

6. Muslim Period. The Quran being of absolute authority, all controversy centered round its interpretation from which arose the Muslim Law or Shariat . There two main sects i.e. Sunis ( turks and afghans ) and Shias ( persian ) which were followed. Religion based judicial system. Followed Islamic culture. Administrative Units: (Head of a particular area) Capital : Sultanate of Delhi (Wazir) Providence : (Subah) Districts : (Sarkar)

7. Constitution of Courts: Central Capital: King’s Court: Highest Court. Diwan-al- Mazalim : Highest Criminal Court. Diwan-e- Risalat : Highest Civil Court. Diwan-e- Siyasat : Court for Rebels. 2. Provinces: Adalat Nazim Shah: Governor’s Court who would take appeals. Adalat Qazi-e-Subah: All Civil and Criminal. Diwan-e-Subah: Revenue Matters Nazim-e-Subah: Governor’s Bench and appeals from Adalat Qazi-e- Subah District: Qazi Court: Civil and Criminal matters and appeals from Qazi-e-Subah. Faujdari Court: appeals from Nazim-e-Subah and higher criminal matters. Mir Adils Court: land revenue matters and appeals from Diwan-e-Subah. Court of Kotwal: petty criminal Cases

8. Mughal Period Begins with victory of Babar in 1526 over the Last Lodi Sultan of Delhi. His son Humayun lost his kingdom to Sher Shah in 1555 and continued till 1750. The Whole Empire was divided into Imperial Capital, Provinces, Districts, Parganahs and Villages. JUDICIAL SYSTEM: 1. Imperial Capital: Emperor’s Court: Highest Court Daroga-e-Adalat: assist emperor's Court. 2. Provinces: Governor’s Court: Adalat-e-nazim-e-subah (All provinces jurisdiction) Provincial Chief Appeal Court: Qazi-e-Subah’s Court: Appeal from Qazi's and Civil + Criminal Jurisdiction. Provincial Chief Revenue Court: Diwan’s Court: Appellate Jurisdiction and Revenue Matters.

9. 3. District: District Qazi: appeals from Qazi-e-Subah Faujdari Court: riots & security Kotwali Court: Petty Criminal Cases Amalguzari Kachari : Revenue related matters. Parganah : Adalat-e- Parganah : Civil and Criminal Kotwal Court: Petty Criminal Cases. Amin-e- Parganah : Revenue related Village: Zamindari Court: all petty cases

10. Crimes and Punishment 2 codes were followed: Fatwai -e- Alamgiri and Fiqh-e-Firoz. 3 types of Crimes: Against God King Individual Punishments: Hadd : Fixed Penalties Tazir : Discretionary Punishment i.e. According to judge. Qisas : Retaliation. Diya; Blood and Money.

11. THANK YOU