Criminal Justice in Ancient India

Contents: Preface. I. Law of administration of justice: 1. Evolution of law and kingship. 2. The King as fountain of justice. 3. Judges and judgement. 4. Subsidiary courts. 5. Crime and punishment. 6. Principles of decision. 7. Exemption from punishment. 8. State and crimes. 9. Criminal suits. 10. The right of private defence. 11. The law of evidence. 12. On arrest and torture. II. Topics of litigation: 1. Vakparusya abuse, insult and defamation. 2. Danda-parusya physical injury of assault. 3. Theft. 4. Sahasa crimes of violence like robbery, murder etc. 5. Stri-samgrahana adultery including sexual crimes like abortion etc. 6. Gambling. 7. Crimes in the field of commerce and industry. 8. The law of treason. 9. Prakirnaka miscellaneous crimes: i. Crimes connected with public health. ii. Miscarriage of justice. iii. Crimes relating to weights and measures. iv. Crimes connected with coins. v. Negligent conduct in respect of vicious animals. vi. Religious offences. vii. Witchcraft and sorcery. viii. Forgery. 10. Conclusion. Appendices: 1. Sources of Hindu law. 2. The Purohita. Bibliography. Index.

"Starting from an analysis of the evolution of law and kingship, as recorded in ancient Indian smrti texts, the epics and the puranas, Dr. Chakraborty has proceeded to expound the theory that was floated by ancient India, the theory that the king was considered to be the fountain head of justice. A detailed treatment of different stages of trial, such as judges and different types of courts, laying down of a full procedure for trial, and the pronouncement of judgement has found place in this work enhancing its value as a source book. Different types of evidence such as document, witness and conduct have been analysed. The learned author has shown how ancient India did formulate a clear cut definition of 'Crime' beginning from defamation and ending with criminal assault and murder and prescribed appropriate punishments for those crimes." (jacket)

[H.P. Chakraborty was Head of the Department of Ancient Indian History and Culture, Visvabharati University, Santiniketan. His books include Trade and Commerce of Ancient India (200 B.C to 650 A.D.), A Critical Study of Asceticism in Ancient India and Socio-Economic Life of India in the Vedic Period.]