3. Most important concept of the Hindu
political thought -
DHARMA
□F. Keilhorn
□P.V. Kane
□K. V Rangaswami
4. CARDINAL RULE FOR
ADMINISTRATION OF
JUSTICE
□Justice should not be
administered by a single
individual.
□Let king or his ministers
transect the business on the
Bench.
5. INSTITUTION OF
LAWYERS
□ No reference in smritis regarding the
separate institution of Lawyers.
□ But the person well versed in law and
procedure were appointed to represent
a party before the court.
□ However the organization of lawyers as
it exist today was not in existence in
Ancient time.
6. JUDICIAL PROCEDURE
□ It should be very elaborate.
According to Brihaspati, suit or trial consist of
four parts:
i) Purvapaksha
ii) Uttar iii) Kriya iv) Nirnaya
□ If the defender denies the charges ; duty of
the court is to provide equal opportunity to
both to prove their case.
Evidence were based on three sources
a) Documents b) Witnesses
c) and Possession of Incriminating Objects.
7. APPOINTMENT OF
JUDGES
□ Caste played an important role.
□ Person who are ignorant to customs,
non believer in the caste system and
Gods, are not appointed as judge.
□ Highly qualified learned in law shall be
appointed as judge.
□ Judge were required to take oath of
impartiality.
8. TRIAL BY ORDEALS
□ A method to determine the guilt of the
person.
□ Generally limited its application to
cases where no concrete evidence are
available.
9. These ordeals were :
1.Ordeal of Balance
2. Ordeal of Fire
3. Ordeal by Water
4. Ordeal of poison
5. Ordeal of lot
6. Ordeal of rice-Grains
7. Ordeal of Fountain Cheese
10. □He should decide the case without
concerning the personal gains.
□If the person performs his judicial duties in
this manner, it is said that he achieves the
same spiritual merits as a person performing
Yajna.
11. CRIMES AND
PUNISHMENTS
□ In the Hindu period punishment was
considered to be a sort, by which the
impurities from the man of sinful
prompting is removed and has reformed
his character.
□ As per the ancient Smriti writers there
were four purpose served by the
punishment.
12. 1.To meet the urge of the person who
suffered.
2.For revenge or retaliation.
3.As deterrent and preventive measure.
4.For reformation or redemption of the evil
doer.
