International Journal of Multidisciplinary Research and Development

International Journal of Multidisciplinary Research and Development

Online ISSN: 2349-4182, Print ISSN: 2349-5979
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Volume 5; Issue 1; January 2018; Page No. 153-157

Evolution of criminal justice system in ancient India

Dr. Rahul Tripathi
Associate Professor, Amity University Rajasthan, Jaipur, Rajasthan, India

Abstract
Like in every civilized society, in India too, a criminal justice system evolved. Socio-economic and political conditions prevailing
during different phases of the history of India influenced its evolution. Accordingly, the objectives of the criminal justice and
methods of its administration changed from time to time and from one period of history to another. To suit the changing
circumstances the rulers introduced new methods and techniques to enforce law and administer justice. The paper highlights the
evolution of Criminal Justice system especially in Ancient India.

Keywords: dharma, criminal, smritis, puranas

Introduction the society, the actual state of affairs gradually deteriorated. A

In early society the victim had himself (as there was no State situation arose when some persons began to exploit and
or other authority) to punish the offender through retaliatory torment the weaker sections of society for their selfish ends.
and revengeful methods; this was, naturally, governed by Tyranny of the strong over the weak reigned unabated. This
chance and personal passion [1]. Even in the advanced Rig- situation forced the law abiding people to search for a remedy.
Vedic period there is a mention that punishment of a thief This resulted in the discovery of the institution of King and
rested with the very person wronged. Gradually, individual establishment of his authority over the society, which came to
revenge gave way to group revenge as the man could not have be known as the State. As the very purpose of establishing the
grown and survived in complete isolation and for his very State and the authority of the King was the protection of
survival and existence it was necessary to live in groups. person and property of the people, the King organized a
Group life necessitated consensus on ideals and the system to enforce the law and punish those who violated it.
formulation of rules of behavior to be followed by its This system later came to be known as “criminal justice
members. These rules defined the appropriate behavior and system”. Although the Indus-valley civilization suggests that
the action that was to be taken when members did not obey an organized society existed during pre-Vedic period in India,
the rules. This code of conduct, which governed the affairs of traces of the criminal justice system can only be found during
the people, came to be known as Dharma or law. the Vedic period when well defined laws had come into
existence. The oldest literature available to explain the code of
Emergence of Criminal Law conduct of the people and the rules to be followed by the King
In course of progress man felt that it was more convenient to are Vedas. Therefore, while discussing the evolution of the
live in society rather than in small groups. Organizations criminal justice system the history of India is covered from the
based upon the principle of blood relationship yielded, to Vedic period onwards dividing it into three periods—Ancient
some extent, to larger associations—the societies. In the very India (1000 B.C. to A.D. 1000), Medieval India (A.D. 1000 to
early period of the Indian civilization great importance was 1757) and Modern India (A.D. 1757 to 1947).
attached to Dharma. Everyone was acting according to
Dharma and there was no necessity of any authority to compel Ancient India (C. 1000 B.C. To A.D. 1000)
obedience to the law [2]. The society was free from the evils This period of Indian history is also known as Hindu period
arising from selfishness and exploitation by the individual. because of the prevalence and dominance of Hindu law. The
Each member of the society scrupulously respected the rights elements of state administration signifying rule by a King with
of his fellow members and infraction of such rights rarely or the help of his advisers or assistants may be traced back to the
never took place. The following verse indicates the existence early Vedic period. In the Rig-Veda the King is called Gopa
of such an ideal society. janasya or protector of the people. This implies that he was
“There was neither kingdom nor the King; neither punishment charged with the maintenance of law and order. According to
nor the guilty to be punished. the Dharma sutras and the Arthashastra, it was the duty of the
People were acting according to Dharma; and thereby King to ensure the security and welfare of his subjects.
protecting one another [3].” Each state was divided into provinces and the provinces into
However, the ideal stateless society did not last long. While divisions and districts. For each province, governors were
the faith in the efficacy and utility of Dharma, belief in God
appointed. District officers were entrusted with the judicial
and the God fearing attitude of people continued to dominate
and administrative functions. According to Kautilya’s

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Arthashastra, the administration of towns was entrusted to the

Nagarka. He had not only to look after the maintenance of law the Deccan, the administration of the Imperial Chalukyas of
and order but had also to enforce various building and sanitary Vatapi (A.D.540-753) was marked by the usual
regulations and to prepare census of the citizens. Apart from characteristics. The administration of Rajput states of
cities and towns, there were a large number of villages. In Northern India was of the bureaucratic type. Salient features
fact, the village was the basic unit of government. Each of the criminal justice system as evolved and prevailed during
village consisted of a village headman and Village Council or ancient India are described below.
Panchayat. The office of the village headman was mostly
hereditary. In villages he represented the King’s Concept of Dharma (Law)
administration [4]. The most remarkable feature of the early The Hindu legal system was embedded in Dharma as
Vedic polity was the institution of popular assemblies, of propounded in the Vedas, Puranas, Smritis and other works
which two, namely, the Sabha and Samiti deserve special on the topic. Dharma, i.e. law, constituted the blue print or
mention. In the later Vedic period, the Samiti disappeared as master-plan for all round development of the individual and
popular assembly while the Sabha became a narrow body different sections of the society. The following verse describes
corresponding to the King’s Privy Council. The beginning of a the importance of the Dharma (law):
regular system of state judicial administration may be traced “Those who destroy Dharma get destroyed. Dharma protects
to the pre-Mauryan age. The Mauryan period (c. 326-185 those who protect it. Therefore Dharma should not be
B.C.) fills a gap between two great epochs of administration destroyed.”
of criminal justice in ancient India, namely, that as mentioned The law was recognized as a mighty instrument necessary for
in the Dharma sutra on the one hand and that of Manu’s code the protection of the individual’s rights and liberties.
on the other. Whenever the right or liberty of an individual was encroached
The few references in Megasthenes’ Indica to the penalties for upon by another, the injured individual could seek the
offences current in Chandragupta’s time breathe the spirit of protection of the law with the assistance of the King,
the penal law of the preceding period. From Pillar Edict IV of howsoever powerful the opponent might be. The power of the
Ashoka, we learn that even after his conversion to Buddhism King to enforce the law or to punish the wrong doer was
he continued the death penalty for crimes, only softening its recognized as the force (sanction) behind the law, which could
rigour by giving the convicts three days’ respite before compel implicit obedience to the law.
execution. The system of justice of the preceding period
appears to have been continued by the Mauryas. The old Sources of Dharma
division of urban and rural judiciary was continued in The Veda was the first source of Dharma in ancient India. The
Ashoka’s reign. The few references in the records of Mauryas Dharma sutras, Smritis and Puranas were the other important
point to the continuance of the state police of the preceding sources. Subsequently the Mimamsa (art of interpretation) and
period. The jail administration of the earlier times appears to the Nibandhas (commentaries and digest) also became
have been continued. The rule of the foreign dynasties of the supplementary sources of law. Whenever there was conflict
pre-Gupta period is an important episode in the history of between Vedas, Smritis and Puranas, what was stated in the
ancient Indian administration. Some of the Indo-Greek Kings Vedas was to be taken as authority [5]. The source of the Vedas
organized their Indian dominions under provincial governors was believed to be divine [6]. The Vedas are four in number,
bearing Greek titles. The Kushanas (c. A.D. 120-220) brought viz. the Rig Veda, the Yajur Veda, the Sam Veda and the
with them an exalted conception of monarchy. They Atharva Veda. As per Wilkins, among the Vedas, the Rig-
introduced two new grades of military or judicial officers, Veda is the oldest, next in order was the Yajur-Veda, then the
Mahadandanayaks and Dandanayaks, to make the justice Sama-Veda and last of all the Atharva-Veda. Max- Muller
system more effective. The Guptas (c. A.D. 320-550) created gives the probable date of the mantras, or hymn portion of the
afresh a system of administration on imperial lines after the Vedas, from 1200 to 800 B.C., and the Brahmanas from 800
downfall of the Mauryan empire. The civil administration to 600 B.C, and the rest from 600 to 200 B.C. Each of the
apparently was in the charge of the Mantri as before. In the Vedas consists of two main parts: a Samhita, or collection of
branch of provincial administration the Guptas adopted the mantras or hymns; and a Brahmana, containing ritualistic
older models with changed official nomenclature and some precept and illustration. Attached to each Brahmana is an
striking innovations. The Municipal Board consisted of four Upanishad containing secret or mystical doctrine.
members, namely, the Guild-President, the Chief Merchant, The Dharmashastras laid down the law or rules of conduct
the Chief Artisan and the Chief Scribe. This marks a bold regulating the entire gamut of human activity. This necessarily
attempt to associate popular representatives with local included civil and criminal law. The earlier works, which laid
administration. down the law in the form of sutras, were divided into three
After the Guptas, in Northern India, King Harshvardhana classes, viz. Srauta sutras, Grihya sutras and Dharma sutras.
(A.D. 606-47) created a sound and efficient administration. The Dharma sutras dealt with civil and criminal law. The
The contemporary Chinese Buddhist pilgrim Hiuen Tsang important Dharma sutras, which were considered as high
gives high praise to Harshvardhana for his love of justice, his authority, were of Gautama, Baudhayana, Apastamba, Harita,
unremitting industry in the discharge of his duties and his Vasista and Vishnu. These Dharma sutras, therefore, can be
piety and popularity. However, on the other hand, the penal regarded as the earliest works on Hindu legal system [7].
law was marked by a certain degree of harshness in strong The next important source of the Hindu law was the Smritis.
contrast to exceptional mildness under the Imperial Guptas. In The compilation of the Smritis resembles the modern method
of codification. All the legal principles scattered in the Vedas
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and also those included in the Dharma sutras as well as the

custom or usage which came to be practised and accepted by The Gautama sutra declared: “Administration of justice shall
the society were collected together and arranged subject wise be regulated by the Vedas, the institutes of the sacred law; the
in the Smritis. The Smritis dealt with constitution and Vedangas and the Puranas. The customs of the countries,
gradation of courts, appointment of judges, the procedural law castes and the family which are not opposed to sacred laws
for the enforcement of substantive law, etc. They disclose a have also the authority.” The Katyayana Smriti also provided
well developed legal and judicial system. The important that in the absence of a provision in the texts, a King should
Smritis are the Manu Smriti, the Yajnavalkya Smriti, the follow the usage. The Yajnavalkya Smriti prescribed that
Narada Smriti, the Parashara Smriti and the Katyayana where two Smritis conflicted, principles of equity as
Smriti. determined by popular usages should prevail. The Narada
The eighteen sub-divisions of law, which cover civil as well as Smriti mentioned: “When it is impossible to act up to the
criminal law, are the special features of the Manu Smriti. All precept of sacred law, it becomes necessary to adopt a method
the law writers, from the 2 nd Century A.D. onwards, appear to on reasoning because custom decides everything and over-
have attached great importance to the Manu Smriti and it came rules the sacred law.” From these provisions in the Smritis it is
to be recognized as the most authoritative work. However, in a inferred that a practice had evolved to recognize the prevailing
research it has been found that out of 2685 verses (shlokas) in customs and local usage as authority during ancient India. As
the Manu Smriti only 1214 verses are original and remaining time elapsed the customs and usage had not only become the
1471 verses are interpolated. The researcher has described laws but also achieved superiority over the sacred law as
how the interpolated verses of the Manu Smriti either found in the Vedas.
contravene the views of Manu as expressed in other verses or As regards the residuary matters, the power was vested with
are irrelevant to the subject matter where they are placed. the King. It was provided that in cases where no principle of
Puranas were also a source of law in ancient India. Each law was found in the Shruti, Smritis or custom, the King
Purana is devoted to the praise of some special deity, who, should decide according to his conscience. As acknowledged
according to its teaching, is supreme. The deities, described in by the Smritis themselves, they were based partly on usage,
other Puranas in equally extravagant language, are slighted, partly on regulations made by the rulers and partly on
and in some case their worship forbidden. It seems to prove decisions arrived at as a result of experience.
that these books must have been written at different times and
in different places, and probably by those who were ignorant King and Courts
of what others had written. All the 18 Puranas are classified Administration of justice, according to the Smritis, was one of
into three categories—(i) those which are devoted to Brahma the most important functions of the King. The Smritis stressed
viz. the Brahma, the Brahmanda, the Brahmavaivarta, the that the very object with which the institution of kingship was
Markandey, the Bhavishya, and the Vaman; (ii) those devoted conceived and brought into existence was for the enforcement
to Vishnu viz. the Vishnu, the Bhagavata, the Naradiya, the of Dharma (law) by the use of might of the King and also to
Garuda, the Padma, and the Varaha; and (iii) those devoted to punish individuals for contravention of Dharma and to give
Siva, viz. the Siva, the Linga, the Skanda, the Agni, the protection and relief to those who were subjected to injury.
Matsya, the Kurma. The Smritis greatly emphasized that it was the responsibility
Kautilya’s Arthashastra was considered to be another of the King to protect the people through proper and impartial
important and authoritative source of law during ancient India administration of justice and that alone could bring peace and
from the Mauryan period onwards. Kautilya, also known as prosperity to the King himself and to the people as well The
Vishnugupta or Chankya, was a Minister of Chandragupta King’s Court was the highest court of appeal as well as an
Maurya (c. 322-298 B.C.).He has given a detailed description original
of the legal system. According to Kautilya, an essential duty Court in cases of vital importance to the State. In the King’s
of government is maintaining order. He defines this broadly to Court, the King was advised by the Chief Justice and other
include both maintenance of social order as well as order in judges, Ministers and elders, and representatives of trading
the sense of preventing and punishing criminal activity. community. Next to the King’s Court was the Court of Chief
Kautilya has mentioned the law of procedures; the law of Justice, which consisted of a board of Judges to assist him. In
evidence in civil as well as criminal cases; procedure of towns and districts the courts were presided over by the State
criminal investigation; and quantum and method of officers, under the
punishments for various types of offences. Prisons, lockups Authority of the King, to administer justice. Ashoka entrusted
and welfare of prisoners are also the subject matters of the Mahamatras with the task of invigilation of the town judiciary
Arthashastra. Kautilya has prescribed code of conduct for by means of periodical tours.
Judges and for the King. However, some of the provisions in
the Arthashashra relating to punishments have also been Judicial System in Villages
found to be interpolations. The criminal justice system of ancient India was so organized
However, the above position changed with passage of time as that every villager had easy and convenient access to a judicial
it came to be recognized that in case of conflict between the forum. In Vedic society the village Samitis and Sabhas were
law laid down in the Shrutis (Vedas) or the Smritis and the two important instruments of Indian polity. The Village
Dharmanyaya, i.e. King’s law, the latter prevailed. Councils, similar to modern Panchayats, consisted of a board
In addition to the literary works of the Hindu law, the customs of five or more members to dispense justice to villagers. The
and usages were also considered as law to administer justice. administration of justice was largely the work of these village
assemblies or other popular or communal bodies. Village
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headman had the authority to levy fines on offenders. There

were several village committees, including a justice punishing the offenders was stressed in the Manu Smriti that
committee, appointed by people’s vote.Village Council dealt contained the following guidelines for the King:
with simple civil and criminal cases. Other criminal cases  Persons who commit offences or who conspire to commit
were presented before the central court or the courts in towns offences are generally found in assembly houses, hotels,
and district headquarters presided over by the government brothels, gambling houses, etc.;
officers under the Royal authority to administer justice.  The King must post soldiers and spies for patrolling such
places and in order to keep away thieves and antisocial
Police elements; and
The first institution of state police may be traced to the pre-  He should appoint reformed thieves who were formerly
Mauryan period. Its full development is recorded in Kautilya’s associate with such doubtful elements and through them
Arthashastra. It mentions that the police during ancient India offenders must be detected and punished.
was divided in two wings, namely, the regular police and the
secret police. The regular police consisted of three tiers of Punishments
officials: the Pradesta (rural) or the Nagaraka (urban) at the The dandaniti, i.e. punishment policy, is one of the elaborately
top, the rural and urban Sthanikas in the middle and the rural dwelt upon subjects in ancient India as it was intimately
and urban Gopas at the bottom. In the course of his connected with the administration of the State. Manu
description of the Pradesta’s duties, Kautilya tells how an emphasized the importance and utility of punishment saying:
inquest was held in case of sudden death. This involved a “Punishment alone governs all created beings, it protects them
post-mortem examination of the body as well as thorough and it watches over them while they are asleep.” As per Manu,
police investigation. In Kautilya’s work the secret police is Yajnavalkya and Brihaspati there were four kinds or methods
divided into two categories namely, the peripatetic and the of punishment during ancient India, namely, admonition,
stationary. The Manu Smriti prescribed instructions for the censure, fine and corporal punishment. Corporal punishments
King to detect offences with the help of soldiers and spies. included death penalty, cutting off the limb with which the
The Katyayana Smriti mentions of informant and investigating offence was committed, branding on the head some mark
officer. This suggests that an agency like modern police indicating the offence committed, shaving the head of the
existed during that period to assist the King in administration offender and parading him in public streets. The nature and
of justice. types of punishments were very cruel, inhuman and barbarous.
The Manu Smriti and some other Smritis describe that the
Jails punishment was awarded according to the Varna of the
Like the institution of the state police, that of the state jail also offender as well as of the victim. For example, the Gautam
begins with the pre-Mauryan period. It was provided that a jail Smriti, the Manu Smriti and the Yajnavalkya Smriti prescribed
should be constructed in the capital providing separate that a Kshtriya or a Vaisya abusing or defaming a Brahmana
accommodation for men and women and it should be guarded. was to be punished respectively with a fine of 100 panas and
It was also prescribed that the prisoners should be employed 150 panas while a Sudra
in useful work. The policy of taking a sympathetic view, as was punished by corporal punishment. This shows that lower
regards persons found guilty of offences and punished with the Varna of the offender the more severe the punishment.
imprisonment imposed on them, was also laid down in the But, the Katyayana Smriti provided that if a Kshatriya was
ancient Indian law. The Dharmamahamatras were charged guilty of an offence the quantum of penalty imposed on him
with the duty of protecting prisoners from molestation and would be twice of the penalty imposed on a Sudra for the
releasing the deserving ones. The Arthashastra gives a similar offence. The Manu Smriti has also a similar provision
detailed account of jail administration. which provides that higher the varna of the offender greater
the punishment. This indicates that there were contradictory
Crime and Investigation provisions regarding punishment in different Smritis.
Violation of criminal laws was considered an offence against
the State. Any member of the public could bring the violation Examination of Witnesses and Perjury
to the notice of the King and the King was under a duty to It was prescribed that the examination of witnesses should not
apprehend and punish the offender. It was provided that the be delayed. A serious defect, namely, miscarriage of justice,
King should take cognizance on his own, with or without any would result owing to delay in examination of witnesses.
complaint by a private party, of criminal offences. Witnesses were under legal compulsion to give evidence
The information or complaint about the offence committed by before the court. Failure to appear before the court entailed
any individual could be made by any citizen and not heavy penalty. Failure to give evidence amounted to giving
necessarily by the person injured or his relatives. The person, false evidence. Perjury, i.e. the act of giving false evidence,
who on his own accord detected commission of offences and was considered a serious offence and punishment was
reported to the King, was known as stobhaka, i.e.informant. prescribed for it. The entire wealth of a person, who cited false
He was entitled to remuneration from the King for giving first witnesses out of greed, would be confiscated by the King, and
information. A person who was appointed by the King to in addition he would be externed. The party whose witnesses
detect commission of offences was called Suchaka, i.e. deposed against him could examine further and better
Investigation Officer. The special responsibility of the King in witnesses to prove his case as well as to prove that the
the matter of controlling crimes, detection of crimes and witnesses examined earlier were guilty of perjury.

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Peoples’ Participation in Crime Prevention

Failure of duty towards society was taken very seriously. Any
person who fails to render assistance according to his ability
in the prevention of crime would be banished with his goods
and chattel. Any owner of a house failing to help another at
the time of outbreak of fire was liable to be fined. Double
punishment was prescribed for those who failed to give
assistance to one calling for help though they happened to be
on the spot or who ran away after being approached for help.

Right of Self-defence
Right of self-defence existed during ancient India. The law
provided: “A person can slay without hesitation an assassin
who approaches him with murderous intent. By killing an
assassin the slayer commits no offence. A person has a right to
oppose and kill another not only in self-defence but also in
defence of women and weak persons who are not in a position
to defend themselves against murderous or violent attack.
Even killing a Brahmana in exercise of such a right is no
offence.”

Conclusion
Besiedes this, Offences and misconduct committed by police
officers, Jail Superintendent and other public servants were
taken very seriously and severe punishments were prescribed.
It was provided that the judges who passed unjust order, or
took bribes, or betrayed the confidence reposed in them,
should be banished.
From the foregoing, it is seen that the institutions of the
criminal justice administration had taken their roots during the
Vedic period in India. The system gradually developed and
during the Mauryan period a well-defined criminal justice
system had come into existence as described in the
Arthashashtra.

References
1. Chaudhuri, Dr. Mrinmaya. Languishing for Justice, 4.
2. Justice M. Rama jois, legal and constitutional history of
India, seventh edition, universal law publications co., New
Delhi, 2010, 575-76.
3. Justice M. Rama jois, legal and constitutional history of
India, seventh edition, universal law publications co., New
Delhi, 2010.
4. Kulshreshtha VD. Landmarks in Indian Legal and
Constitutional History, 4-6.
5. Kumar, Dr. Surendra, Manu Smriti. Published by Arsh
Sahitya Prachar Trust, New Delhi, 6-7.
6. Wilkin WJ. Hindu Mythology, 2, 90-91.
7. Rangarajan LR. Kautilya-The Arthashastra, 377.