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Essay On Indian Judicial System

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Chapter 4
Ancient Indian Judicial System

Unless every citizen is not ensured of justice a nation cannot exist freely. So every citizen should be literate in the system of justice. To understand judicial system one should know the history of Indian judicial system. We had a domestic system of safe guarding justice during the Vedic period of India and afterwards. It had its basis and features in Dharma.

I. Veda, Smriti, Purana are the Source of Ancient Law.

The Vedic age may be placed between 2000 B.C and 1000 B.C, the age of the Smritis commenced from about 1000 B.C or 800 B.C and continued up to 8th century A.D, and the Smriti age is divided into two broad periods, one from 800 B.C to 100 B.C. and the other from 100 B.C to 800 A.D.

The ancient law can be divided in two parts-one of them is religious texts, and others are Smritis, Dharmasāstrās and commentaries. These are special dealings in civil and criminal laws. Sruti means Vedas. Smriti means Dharmaśāstrās.

Sruti is the supreme source of authority of Vyavahāra for the following reasons-

(1) Sruti was the supreme authority and origin of law.
(2) The Sāstrās and Smritis profess to bow down to the authority of the Vedas even when they were actually …show more content…

Gautama states that a Sudra who intentionally reviles by criminal abuse or assault a member of the twice born caste, is to be deprived of the limb with which he offends and through punishment the Sudras are sought to be excluded from learning the vedas. If he listens to recitations of the vedas intentionally, his ears are to be filled with molten tin or lac . If he dares to recite the Vedic texts his body is to be split. For assuming equal position with members of the upper castes, corporal punishment is

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