3. Dharma-sutras
• Manuals of human conduct
• They consist chiefly of sutras of brief rules containing
the essentials of law concerning interpersonal relations
• relationship between people and the state.
• practical rules of caste
• social, economic, and religious relations.
4. Dharma Sutras
Gautama Dharma Sutra:
Goutama deals with legal and religious matters extensively
Marriage, inheritance and partition of family
He has given importance to the practice and usage of
cultivators, traders, artisans and money-lenders.
5. Baudhayana or Bruhadhayana Dharma Sutra:
Marriage, sonship and inheritance
He is also refers to several approved usages and customs
Duties of king: collection of taxes and imposing excise duty
6. Apastamba Dharma sutra:
He specially mentions that the opinion of experienced men
and women irrespective of the caste to which they
belonged must be respect in dealing disputed legal
questions.
He was a revolutionist and did not hesitate to condemn
earlier writers wherever he felt that the Vedas had been
misinterpreted.
7. Harita dharma sutras:
The rule of prag-nyaya viz., the principle of res judicata
was propounded by him in the earliest period of the
development of law in ancient India.
The idea of finality of judgment, as an important rule in
the administration of justice, was visualized and
incorporated.
8. Vasistha Dharma sutra:
• Customs and usages given importance
• Marriage, sonship, inheritance and he recognized the
system of adoption
Vishnu dharma sutra:
marriage
inheritance
criminal law
10. Manu Smriti or Code of Manu
• Right from the age of Regveda almost all authors of
Dharmasastras refer to the opinion of Manu and the he
was regarded as the first law giver.
• We find reference to various Manus such as
• Manu,
• Swayambhu Manu,
• Vridha Manu
• Pracheta Manu.
• Manu Dharma Sastra is also considered to be a work
under the title Manava Dharma Sastra.
11. • Systematic and strong collection of rules
• simple language
• great clarity in its composition made the Manusmriti the
most authoritative source of ancient Hindu jurisprudence.
• The compilation practically replaced all the previous
texts.
• The popularity of the code was so great that it was
adopted and followed in Burma, Java, Philippines and other
neighboring countries.
• The Manusmriti is divided into twelve chapters and
consists of 2,694 verses. It is written in a simple and
fluent style.
12. 12 chapters
1. Creation of the Universe
2. Definition of Dharma and sources of Dharma
3. Studentship-marriage
4. Mode of life-householder’s code of conduct
5. Rule governing cultivation and food
6. Rules governing forest
7. Rajadharma
8. King’s duty relating to administration of justice
king and judge
other persons a judges
constitution Sabha
Duty to restore stolen wealth
Creditors’ means to recover debts
grounds on which the plaintiff may fail in his suit
13. 9. Duties of husband and wife-partition-sonship-five major
sins-the punishments.
10. Rules of conduct for all
11. Seven proper modes of livelihood
12. Karma-the knowledge of self -the highest means of bliss
14. Yajnavalkya Smriti
• Yajnavalkya follows the same pattern as of Manu in the
treatment of subjects, it is scientific and more
systematic.
• It avoids repetition of same or similar provisions
• This smriti consists of 1010 verses divided into 3 chapters
Achara or ecclesiastical law 368 verses
Vyavahara or civil and criminal law 307 verses
Prayaschitta or compensation for sins committed: 335
verses
15. On matters such as
• women rights of inheritance
• right to hold property
• status of Sudras
• criminal penalty and Yajnavalkya is more liberal than Manu
• He deals exhaustively on subjects like
• creation of valid documents
• law of loan agreements
• partnership, and business ventures
• This smriti occupies a very important position in the field
of substantive civil and criminal law
16. Narada Smriti
• This smriti exclusively deals with forensic law, both
substantive and procedural with any reverence to self-
punishment and other religious matters.
• Narada was independent in his views and did not allow
himself to be bound by the earlier texts.
• The Procedural law laid down by this smriti contains
provisions relating to pleading, evidence (oral and
documentary) as also the procedure required to be
adopted by the courts of law.
17. • Narada Smriti contains thee introductory chapters on
the principles of judicial procedure and on judicial
assembly.
• He also introduced some changes in the laws of Manu
and Yagnavalka
In the matter of inheritance
i) Holds that an younger son could become a karta of a
Hindu joint family
ii) Provides two shares to father in his self acquired
property in case of partition.
iii)After death of father, mother gets equal share with her
sons at a partition.
iv) Unmarried daughter takes a share as younger sons
18. Regarding law of marriage
i) Holds that a window as well as a wife whose husband is
absconding entitled to remarry.
ii) Fixes age of majority at 16 years
