Ancient Judicial Procedure System of The Hindu Period | Hindu Period: in Indian Sub-continent

 Judicial Procedure

1. Stages of a suit:

A suit or trial consisted of four stages- the plaint, the reply, the trial and investigation, and finally the verdict or decision of the courts. 

2. A bench of more than on judges:

The principle that justice should not be administered by a single judge. Generally, A bench of two or more judges would administer justice. Even the King decided cases in his council.

3. Appointment of Judges and Judicial Standard:

In the appointment of the Chief Justice and other judges the question of caste consideration played a vital role. Appointments were made from among the persons who were highly qualified and learned in the law. Women were not allowed to hold the office of a judge. Judges were required to take the oath of impartiality when deciding disputes between citizens.

4. The doctrine of Precedent:

The decisions of the King’s court were binding on all lower courts. The principles of law declared by higher courts were taken into consideration by the lower courts while deciding cases.

5. Evidence:

Evidence was based on any or all the three sources- namely, documents, witnesses, and the possession of incriminating objects. In criminal cases, sometimes circumstantial evidence was sufficient to punish the criminal or acquit him.

6. Trial by Ordeal:

The ordeal which was a kind of custom based on religion and faith in the creator was a means of proof to determine the guilt of the person. Some common ordeals are described below:

i. Ordeal by Fire: According to the ordeal of fire, the accused was directed to walk through or stand or sit in the fire for some specified time. If the accused comes out from the fire without any harm, he was considered to innocent. Sometimes the accused was asked to carry a red hot iron ball in his hand and walk a few paces. If he had no signs of burns after the ordeal, he was considered to be innocent.  

ii. Ordeal by Water: Water seen as a sign of purity under the Hindu mythology was used to test the guilt of the accused. The accused was required to stand in waist-deep water and then to sit down in the water, as an archer shot to an arrow. If the accused remained in the water during the time limit, he was held to be innocent. Alternatively, the accused was required to drink water used in bathing the idol. If he had no harmful effects within the next fourteen days, he was declared to be innocent.

iii. Ordeal by Poison: This method was also based on the view that the creator protects innocent people. The accused was required to drink poison without vomiting it. If he survived, he was declared to be innocent.

iv. Ordeal by Rice-grains: The accused was required to chew unhusked rice and then asked to spit out. If blood appeared in his mouth, he was considered to be guilty, otherwise not.

v. Ordeal by Lot: Two lots of the same type representing Right (Dharma) and (Adharma) were placed in a jar. The accused was asked to draw a lot. If the accused drew Dharma he was declared innocent.

7. Trial by Jury:

The jury system existed in ancient India but not in the safe form as understood in today’s world. There is evidence that the community members used to assist the administration of justice. They were merely examiners of the cause of conflict and placed true facts before the judges though the verdict was declared by the presiding judge and not by the jury.

8. Crimes and Punishments:

The philosophy of crime and punishment was based on the idea that the punishment removed impurities from the accused person and his character was reformed. Before punishment was to be awarded the judge had to consider the motive and nature of the offense, time and place, strength, age, conduct, learning, and monetary position of the offender. There were four methods of punishment- by gentle admonition, by severe reproof, by fine, and by corporal punishment. These punishments could be inflicted separately or together depending upon the nature of the offense. Judges always considered the relevant circumstances before deciding actual punishment. The severity of punishment depended on caste as well. Certain classes of persons were exempted from punishment. Old people over eighty, boys below sixteen, 'women and persons suffering from diseases were to be given half of the normal punishment. A child below five was considered to be immune from committing any crime and therefore was not liable to be punished. In adultery and rape, punishment was awarded on the basis of the caste considerations of the offender and of the woman. In abuse or contempt case every care was taken to see that each higher caste got due respect from persons of lower caste. For example, if a person of a lower caste sat with a person of higher caste, the man of the lower caste was to be branded on the breech. For committing murder the murderer was to pay 1000 cows for killing a Kshatriya, 100 for a Vaisyo and 10 for a Sudra. These cows were givento the King to be delivered to the relatives of the murdered person. A bull was given to the King as a fine for murder. If a Brahmin was killed by a person of a lower caste, the murderer would be put to death and his property confiscated. If a Brahmin was killed by another Brahmin he was to be branded and banished. If a Brahmin killed a person from lower caste, he was to compound for the offence by fine. For plotting against the King, forcibly entering into the harem of the King, aiding the King's enemy, creating revolt in the army, murdering ones father or mother or committing serious arson, capital punishment was given in varied forms, namely, roasting alive, drowning, trampling by elephants, devouring by dogs, cutting into pieces, impalement etc.

 The above discussion on crime and punishment gives a necessary idea that infliction of punishment was not based on any broad principle rather on whim and caste consideration which was completely devoid of any humanity and ethics.