Judicial system in_ancient_india[1]
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The document summarizes the key aspects of the ancient judicial system in India. It discusses 3 important factors - social order, political institutions, and religion - that influenced the system. The social order was shaped by the caste system and joint family structure. Courts included the King's court, Kulani, Shreni, and Puga. Justice was not to be administered by a single individual. Lawyers existed but were not organized as today. The judicial procedure was elaborate and included various stages. Judges were appointed based on caste and qualifications. Trials by ordeals and various forms of punishment are also outlined.
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Judicail system in ancient india
1. Ancient Indian judicial institutions evolved from village elders and the king's court to a more formalized system with various levels of courts.
2. Kautilya advised establishing courts with three magistrates for every ten villages, with higher courts at the district and provincial levels. Manu also suggested courts composed of judges.
3. The main types of courts mentioned were village panchayats, guild courts, civil and criminal courts established by Kautilya, and the king's court which served as the highest court.
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Adalat system
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3. Custom - Local practices that have the force of law when not contradicting scriptures.
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1) The Raja Nand Kumar case of 1775, where a man was sentenced to death for forgery in a trial seen as unjust.
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3) The Cossijurah case of 1779, which resulted in a deadlock between the Supreme Court and Governor-General over jurisdiction and lowered the Court's dignity.
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1) The Patna Case involved a property dispute between a widow and adopted son that revealed conflicts between the Supreme Court and Supreme Council.
2) The Kamaluddin Case showed disagreements between the court and government over the court's control of revenue matters.
3) The Cossijurah Case widened differences between the judiciary and executive when the court tried to arrest a debtor ruler.
4) The Raja Nand Kumar Case involved the controversial trial and execution of an influential ruler charged with conspiracy at the instigation of the Governor-General.
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2. In 1772, Warren Hastings established district-level civil and criminal courts (Mofussil Diwani and Fauzdari Adalats) along with higher Sadar Adalats. This helped establish the first uniform judicial system across British India.
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The key sources of Hindu law discussed in the document are:
1. Sruti - Divine revelations considered the highest authority, including the Vedas.
2. Smritis - Remembered scriptures containing rules believed to be of divine origin, such as Manu Smriti.
3. Custom - Local practices that have the force of law when not contradicting scriptures.
4. Judicial decisions - Particularly those of the Privy Council and High Courts, which are binding on lower courts.
5. Legislation - Codifications under British rule and the modern Indian Constitution, which is now the strongest source of law.
1773 regulating act with case
The 1773 Regulating Act established the Supreme Court of Judicature in Calcutta and appointed a Governor-General and council to oversee the East India Company's affairs in India. The Supreme Court was given broad jurisdiction over British subjects and Company employees in India. However, several cases, including those involving Raja Nanda Kumar, the Patna case, and the Cossijurah case, demonstrated conflicts between the Supreme Court's authority and the Governor-General's authority over local administration, highlighting tensions between the new judicial and executive powers established by the Regulating Act.
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The major cases that led to the Supreme Court established under the 1774 Charter becoming disliked by both government officers and Indians included:
1) The Raja Nand Kumar case of 1775, where a man was sentenced to death for forgery in a trial seen as unjust.
2) The Patna case of 1777-1779, which highlighted defects in the relationship between the Supreme Court and local Adalats.
3) The Cossijurah case of 1779, which resulted in a deadlock between the Supreme Court and Governor-General over jurisdiction and lowered the Court's dignity.
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The document discusses the sources of Hindu law including ancient sources like the Vedas, Smritis, digests and commentaries as well as modern sources like judicial decisions and legislation. It then discusses the application of Hindu law to Hindus by religion, birth, or those not following other major religions. Key concepts around Hindu marriage like it being a sacrament, the changes brought by the Hindu Marriage Act of 1955, and conditions for a valid Hindu marriage as per the Act are also summarized.
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The document summarizes the key changes to the political and legal system in British-controlled areas of India between 1726-1753 as outlined in the East India Company charters. The 1726 Charter established local legislatures in each presidency town and created civil and criminal courts. The 1753 Charter concentrated more power in the governor and reduced the autonomy of local courts. It also created a Court of Requests to handle small civil claims more efficiently.
warren hasting's judicial plan
Lord Warren Hastings introduced two judicial reforms in India in the late 18th century:
1) The Plan of 1772 established a hierarchy of courts with provincial and district courts. It separated civil and criminal courts and recognized native legal systems.
2) The Plan of 1774 refined the earlier system based on defects. It divided Bengal, Bihar, and Orissa into six divisions each with a provincial council and court of appeal. The system continued until another reorganization in 1780.
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The document discusses several Dharma Sutras and Dharma Shastras, which are ancient Indian texts containing practical rules and guidelines on dharma (human conduct and duties) concerning various aspects of life such as social, religious, and legal matters. It provides overview of some key texts including Gautama Dharma Sutra, Baudhayana Dharma Sutra, Apastamba Dharma Sutra, Harita Dharma Sutras, Vasistha Dharma Sutra, Vishnu Dharma Sutra, Manu Smriti (Laws of Manu), Yajnavalkya Smriti, and Narada
Cossijurah case
The Cossijurah case from 1779-1780 highlighted conflicts between the Supreme Court and the Supreme Council in Bengal. A zamindar named Raja Sundernarain owed a debt but avoided paying. When the Supreme Court issued a writ for his arrest, the Council protected the Raja and arrested the sheriff. This caused a power struggle over jurisdiction and authority between the two bodies. The case increased tensions and helped lead to reforms that clarified their powers through an Act of Parliament in 1781.
landmark cases in legal history
The document summarizes four important legal cases from 18th century British India:
1) The Patna Case involved a property dispute between a widow and adopted son that revealed conflicts between the Supreme Court and Supreme Council.
2) The Kamaluddin Case showed disagreements between the court and government over the court's control of revenue matters.
3) The Cossijurah Case widened differences between the judiciary and executive when the court tried to arrest a debtor ruler.
4) The Raja Nand Kumar Case involved the controversial trial and execution of an influential ruler charged with conspiracy at the instigation of the Governor-General.
Charter of 1726
The Charter of 1726 established a uniform system of courts in the three presidencies of British India, designating them as Royal Courts and initiating a system of appeals from Indian courts to the Privy Council in England. It also established local legislatures in each presidency town and introduced English law, bridging English and Indian legal systems. The charter addressed the need for competent courts and a uniform administration of justice across presidencies in British India.
Warren hastings adm
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kelson theory
Hans Kelsen was an Austrian jurist who developed the "pure theory of law", which views law as a hierarchical system of norms that are ultimately grounded in a basic norm (Grundnorm). According to Kelsen, law should be studied scientifically as a normative order separate from political, social, or ethical considerations. He conceptualized law as a "normative science" rather than a natural science. Kelsen's theory proposes that the validity of legal norms derives from their conformity to higher norms, with the Grundnorm sitting at the top as the ultimate source of validity that cannot be questioned ethically, politically, or religiously.
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1. The East India Company was granted a royal charter in 1600 which gave it trading monopolies and powers to make laws and punish wrongdoers in India. This laid the foundation for an Anglo-Indian legal system.
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Llb i choi u i ancient and mediaeval age
The document discusses the ancient and medieval judicial systems in India. It covers the Vedic period from 1750-500 BCE which established the foundations of Hinduism. The Sultanate period from the 12th-13th centuries saw the establishment of the Delhi Sultanate by Turkic and Afghan invaders. The Mughal Empire was established in 1526 and covered much of South Asia. During the British rule period starting in the 17th century, European trading companies like the British East India Company established political influence over Indian kingdoms which eventually led to direct British control over the subcontinent by the 19th century.
Indian Legal System An Introduction
The document provides an overview of the Indian legal system, including its history and sources of law. Some key points:
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- The Indian Constitution establishes a democratic republic and guarantees fundamental rights and duties. It contains 395 articles and is the world's longest written constitution.
- The legal system includes criminal and civil codes. It has a three-tiered structure of Supreme Court, High Courts, and subordinate courts. Recent trends focus on alternative dispute resolution and improving judicial efficiency.
History of law
This document provides a brief overview of some major developments in the evolution of legal systems from ancient Mesopotamia to modern times. It outlines early legal codes like Hammurabi's Code from 1700 BCE, the Ten Commandments from 1300 BCE, and Draco's law from 621 BCE. It then discusses the development of legal systems in China, Rome, England, and the United States, including things like Justinian's Code, the Magna Carta, the US Constitution and Bill of Rights. The document traces the influence of Enlightenment thinkers on concepts of natural law and rights and highlights some landmark legal cases and amendments.
Indian cultural heritage
The document discusses key aspects of Indian cultural heritage that would be included in a time capsule to represent India's legacy. It would include contributions in education (Takshila and Nalanda universities), medicine (Ayurveda and early surgical practices), literature (epics like Ramayana and Mahabharata), traditions (Namaste greeting, joint families, hospitality practices), mathematics and sciences (early concepts developed in India), languages, religions, festivals, music, theatre, architecture, cuisine and clothing to demonstrate India's rich cultural traditions and achievements.
Society & Culture in Ancient India, Impact of Buddhis
Siddharta Gautama founded Buddhism in northern India approximately 2500 years ago. He was born into a luxurious life as a prince, but was troubled by suffering in the world. He left his castle and meditated, discovering the Four Noble Truths and teachings of Buddhism. Buddhists believe in achieving Nirvana by following teachings like Anatta, Anicca, and Dukha to overcome imperfectness and find peace without a god through karma and rebirth. They meditate and see the Buddha as human rather than divine.
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The document outlines criminal justice reforms introduced in British India in 1790. Key reasons for reform included a defective Muslim criminal law system, corrupt Muslim officers administering justice, and poorly paid officials.
The 1790 plan established new criminal courts, including Courts of the District Magistrate to try petty cases. Circuit Courts were formed to try cases twice yearly. The Sadar Foujudari Adlat court was moved to Calcutta and required to meet weekly, assisted by Muslim law officers. The reforms aimed to improve the weak administration of justice under the Nawab system.
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Online shopping has grown significantly in recent years, with e-commerce sales in the US totaling $142.5 billion in 2015, representing 8% of all retail sales. Consumers of online shopping generally have higher education, income, and exposure to technology. While online shopping provides advantages like easy access to reviews, it also poses disadvantages such as potential privacy and security issues. Customer reviews have been shown to significantly impact the buying behaviors of 59% of online shoppers.
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Group Members: Becky Mitnik, Romy Smith, Jamie Cooper
Group Number: 6
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Ancient India Global Project [PowerPoint Presentation]
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History
The document discusses the legal system in ancient India. It describes three important factors that shaped the system: social order, political institutions/systems, and religion/philosophy. The most important concept was dharma. Courts included the king's court, kulani, shreni, and puga. Key rules were that justice should not be administered by one person and the king/ministers should oversee cases. Trials had elaborate procedures involving four parts. Ordeals and evidence were used to determine guilt or innocence. Judges were appointed based on caste and qualifications. Punishments aimed to reform criminals and deter crimes.
Asian studies; Ancient India, Indian Civilization, Indus Valley Civilization
The document provides details about the ancient Indus Valley Civilization that existed from 3300-1300 BCE in modern day India and Pakistan. Some key points:
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2) The culture is still mysterious as its writing remains undeciphered. Artifacts show an emphasis on trade, religion, and advanced agriculture including early cotton cultivation.
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A graduate student is deciding between buying a Honda CRV or a Ford Mustang convertible. He needs a car to transport boxes for his job at a packaging plant. While he likes the look of the Mustang, it has less space than the CRV and wouldn't be as practical for his daily needs. He takes both cars for a test drive. A coworker recommends the CRV, which fits his budget and provides both functionality for work and some convenience, making it a better choice than the Mustang, which would only work for personal use. In the end, the CRV meets his current work needs and is the most sensible choice financially.
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Society & Culture in Ancient India, Impact of Buddhis
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The document discusses key aspects of the legal system in ancient India. It notes three important factors that shaped the system: social order, political institutions and religion/philosophy. The most important concept was dharma. It also discusses the cardinal rule of impartial justice, the lack of a formal institution of lawyers, and elaborate judicial procedures involving four parts. Evidence came from documents, witnesses or objects. Judges were appointed based on caste and qualifications. Trials by ordeals were sometimes used when evidence was lacking. Crimes and punishments aimed to meet the needs of victims, act as deterrents, and reform offenders.
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The document provides an outline for a course on legal literacy in India. It aims to make students aware of India's legal system and key laws. The course is divided into 3 units: [1] the structure of India's legal system and courts, [2] an overview of important laws like the constitution, criminal code, and personal laws, and [3] how citizens can access legal aid and enforce their rights. Students will visit legal institutions and complete practical assignments like interviewing litigants or drafting legal documents. The course aims to give students a basic working knowledge of navigating the legal system and understanding their rights and duties.
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Study of Dandaniti in the Dharmasastra shows us the value of thinking about law and society in close connection to both dharma and custom of the people. Dandaniti enables human advancement as much as it constrains human follies.
In the Dharmasastra legal processes, institutions and concepts were not considered exclusive province of state and legislature, and evolved in close touch with the most ordinary of human contexts. People were the ultimate authority in this process and knowledge was gathered from the practices of the people.
Rules regarding the feelings and activities of the world, movable as well as immovable, were not formulated exclusively and conclusively by the Dharmasastra. Whatever Sastras, laws, and social activities were connected with the human life were seen as contextual and creative.
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Under the Hindu legal system, trial by ordeal was used to determine guilt or innocence when there was no evidence or witnesses. Various methods of ordeal were used as punishment including combat, fire, hot or cold water, poison, rice grains, balance, and lots. The ordeals put the accused's life in danger and were not based on evidence or morality. They humiliated and tortured people without accountability. While the system aimed to establish justice, it ignored humanitarian elements and often discriminated based on caste.
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2) There is no system for registering Hindu marriages, making it difficult for women to validate their marital rights. Widows also face neglect and difficulty remarrying under the social customs.
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Presentation on hindu law
Hindu Personal Law in Bangladesh discriminates against women's equal rights in several areas:
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Jurisprudence is the study of law and legal concepts. It has value in better understanding legal complexities and solving problems. There are several schools of jurisprudence including natural law, imperative theory, and legal realism. Jurisprudence is interrelated with other social sciences like sociology, psychology, ethics, economics, history, and political science. Understanding these relationships provides context to legal concepts. Jurisprudence helps with effective interpretation and application of law.
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The document discusses several theories regarding the causes of delinquency and crime. It notes that scientific study of the topic has been guided by various theories. A good theory is said to provide a framework for understanding and investigating an issue. The document suggests that no single theory can fully explain criminal behavior, as multiple factors are usually involved. Further research and discussion of theories may help deepen understanding of the complex issues surrounding crime and delinquency.
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The document discusses the administration of justice in India. It defines administration of justice as the maintenance of right within a political community by means of the state's physical force. There are three essential points to define administration of justice: 1) a politically organized society, 2) the physical force of the state, and 3) maintaining right as the objective. The origin and growth of administration of justice is traced from natural societies to more developed civilized societies, where elders would settle disputes. Administration of justice brings uniformity and consistency through fixed rules of law, but it can also be rigid and complex due to legal technicalities. The document outlines different theories of punishment and concludes that administration of justice is a pillar of strong government.
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多年留学服务公司,拥有海外样板无数能完美1:1还原海外各国大学degreeDiplomaTranscripts等毕业材料。海外大学毕业材料都有哪些工艺呢？工艺难度主要由：烫金.钢印.底纹.水印.防伪光标.热敏防伪等等组成。而且我们每天都在更新海外文凭的样板以求所有同学都能享受到完美的品质服务。
国外毕业证学位证成绩单办理方法：
1客户提供办理新西兰林肯大学新西兰林肯大学毕业证学位证信息：姓名生日专业学位毕业时间等（如信息不确定可以咨询顾问：我们有专业老师帮你查询）；
2开始安排制作毕业证成绩单电子图；
3毕业证成绩单电子版做好以后发送给您确认；
4毕业证成绩单电子版您确认信息无误之后安排制作成品；
5成品做好拍照或者视频给您确认；
6快递给客户（国内顺丰国外DHLUPS等快读邮寄）
— — — — 我们是挂科和未毕业同学们的福音我们是实体公司精益求精的工艺！ — — — -
一真实留信认证的作用(私企外企荣誉的见证):
1：该专业认证可证明留学生真实留学身份同时对留学生所学专业等级给予评定。
2：国家专业人才认证中心颁发入库证书这个入网证书并且可以归档到地方。
3：凡是获得留信网入网的信息将会逐步更新到个人身份内将在公安部网内查询个人身份证信息后同步读取人才网入库信息。
4：个人职称评审加20分个人信誉贷款加10分。
5：在国家人才网主办的全国网络招聘大会中纳入资料供国家500强等高端企业选择人才。问山娃想买什么想吃什么山娃知道父亲赚钱很辛苦除了书籍和文具山娃啥也不要能牵着父亲的手满城闲逛他已心满意足了父亲连挑了三套童装叫山娃试穿山娃有点不想父亲说城里不比乡下要穿得漂漂亮亮爸怎么不穿得漂亮望着父亲山娃反问道父亲听了并不回答只是吃吃地笑山娃很精神越逛越起劲父亲却越逛越疲倦望着父亲呵欠连天的样子山娃也说困了累了回家吧小屋闷罐一般头顶上的三叶扇彻夜呜呜作响搅得满屋热气腾腾也搅得山娃心烦意乱父亲一的
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"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
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Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Judicial system in_ancient_india[1]
- 1. Judicial System in Ancient India Unit I Topic I
- 2. Study topics Important factors influencing the ancient judicial system Literature and source of Law Constitution of courts in ancient India Cardinal rule of administration of justice Institution of Lawyers Judicial Procedure Trial by Ordeal Appointment of judges Crimes and punishments
- 3. Three Important Factors Social Order Political Institution and system Religion and religious philosophy
- 4. Social order Two important concept plays a very important role in molding the Judicial pattern of ancient India. i.e. Caste System and Joint family System
- 5. Caste System What is Caste? Why it is important? How its contributing to the development of legal system in ancient India?
- 6. Joint family system Joint family is regarded as unit of the Hindu Social System It includes parents children, grand Children, uncle and their descendents and their collaterals from the male side They had common dwelling and their estate in common. Head of the family was patriarch
- 7. Dharma most important concept of the Hindu political thought Defining the meaning of Dharma F. Keilhorn P.V. kane K. V Rangaswami
- 8. Constitution of Courts in Ancient India King’s court Kulani Shreni Puga
- 9. 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
- 10. 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.
- 11. Judicial Procedure 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
- 12. Appointment of Judges Caste played an important role Qualification Person who are ignorant to customs, non believer in the caste system and God etc not to be appointed as judge Highly qualified learned in law shall be appointed as judge Judge were required to take oath of impartiality
- 13. Trial by Ordeals A method to determine the guilty of the person Generally limited its application to cases where no concrete evidence available These ordeals were 1. Ordeal of Balance 2. Ordeal of Fire 3. Ordeal by Water
- 14. 4. Oridial of poison 5. Oridial of lot 6. Oridial of rice-Grains 7. Oridial of Fountain Cheese
- 15. He should decide the case without concerning the personal gains If the person performs his judicial duties in this manner achieves the same spiritual merits as a person performing Yajna
- 16. 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 reformed his character. As per the ancient Smriti writers there were four purpose served by the punishment
- 17. 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
- 18. Methods of Punishment Gentle admonition By severe reproof By fine and By corporal punishment
- 19. Arthashastra of Kautilyas Awarding of the punishment