In this presentation I am trying to present Ancient Sources of Hindu Law and its a research based presentation done by Md. Mehedi Hasan studying LL.B at East West University, Bangladesh

1. Ancient Sources
of Hindu Law
Presentation on

2. Hello!I am Md. Mehedi Hasan
Presenting you the Ancient
Sources of Hindu Law

3. The Hindu Law is credited to be the most
ancient law system
which is approximately 6000 years old.

4. According to ‘Manu’ there are four
sources of Hindu Law, which are
considered as ancient sources
1. Shruti
2. Smriti
3. Digest & Commentaries
4. Custom

5. Dr. P.V. Kanne, in his book, “History of Dharamshashtra” said
that,
“If we want to see
religion(Law) in a proper
way, then we should
analysis Shruti and Smritis.”
History of Dharamshashtra

6. Shruti
◉ ‘Shru’ means hear
◉ ‘Shruti’ means ‘what was heard’ by sages
◉ Originated from ‘Vedas’
◉ Most ancient religious scripture
◉ Estimated to be 4000-1000 B.C.
◉ The ‘vedas’ are four in number. Are as follows:
1. Rikhveda;
2. Yajurveda;
3. Samaveda;
4. Atharvaveda;

7. Shruti
◉ ‘Shruti’ also includes six ‘vedangas’
1. Sikhas or orthography.
2. Kalpas.
3. Vyakarana or grammer.
4. Chandas or prosody.
5. Jyotish or astronomy.
6. Niruksa or lexican.
◉ The fundamental essence of all ‘vedas’ are
considered as ‘Vedanta’ or ‘Upanishads’
◉ The ‘vedantas’ are commentaries on the
‘vedas’ their presumed end and essence

8. Smriti
◉ means that ‘which was remembered’ and
is believed to contain the precepts of God
◉ Smritis are divided into two :
Primary Smrities
Gautam Buddhyan
Apastamb
Harit
Vishnu and Vasith
Dharma Shashtra
Manu Smriti
Yagyavalkya Smriti
Narad Smriti
Parashara Smriti

9. Smriti
◉ All these smirities deal with the civil and criminal law,
the laws of marriage and the procedural law.
◉ The sruti contains the very words of god whereas in
smriti the language is of human origin but the rules
are devine.
◉ Manu smritis made of 12 chapters and 2694 shlokas.
Yagyavalkya smriti is divided into 3 parts and is
extremely clear, brief and organised. Narad Smriti
being the last smiriti is such first legal code which
mentions subjects related to Judicial process, courts
and Judiciary.

10. Digest & Commentaries
◉ The period of the commentaries and
digest is between 700 AD -1700AD
◉ The principle commentaries are:
i) Dayabhaga by Jimutwahana,
ii) Mitakshara, a commentary on Yajnawalkya Smiriti by
Vijneshwara,
iii) Vivada Ratnakara by Chandeshwara,
iv) Smiriti Chandrika by Devan Bhatta,
v) Vyavahara Mayukha, by Nilkantha.
◉ In Case : Atmarao v/s Bajirao, It was held
that Digest writers and commenter’s has given
the statements of Smritis which can fulfil the
present requirements & ahead from smrities.

11. Custom
◉ Set of rules and norms, practice by particular
society for a long period of time
◉ Where there is a conflict between a custom and
the text of the smritis such custom will override
the text
◉ Custom may be divided into three classes;
1. Local customs;
2. Class customs;
3. Family customs;
◉ Case: Harparsad v/s Shiv Daya –(1816): It was said
that, “the custom is family or particular class or area
owing a long tradition.”

12. Custom
◉ Requirements of a valid Custom:
✓ Antiquity
✓ Continuous Observance
✓ Certainty
✓ Reasonableness
✓ Not against morality
✓ Not against public policy
✓ Conformity with statutory Law
◉ Case: Collector of Madurai v/s Mottaramlingam: Privy
Council held that, “in Hindu Law the clear proof of
customs shall be more relevant then the basic epics of
law.”

13. “
In ancient period Hindu
law had only its divine
nature i.e., law of the
God, but in now days its
nature has totally
changed.

14. Thanks!
Any questions?