Essay name: Vyavaharamala: a text on Indian jurisprudence
Author:
P. V. Rajee
Affiliation: Sree Sankaracharya University of Sanskrit / Department of Sanskrit Sahitya
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society.
Chapter 1 - Introduction
31 (of 41)
External source: Shodhganga (Repository of Indian theses)
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31
king should not interfere in the clear decisions taken by the
members of the sabh膩 according to dharma. Yaj. Says:
r膩gadv膿峁d bhay膩t v膩pi sm峁泃ya p膿t膩dik膩rina岣�/
32 sabya岣� pr峁沝hak da峁嘾ya viv膩da dwigu峁嘺m sm峁泃am鲁虏//
If the king found out that the member of the sabh膩 took a
wrong decision prejudiced by love, hate, fear, the member's
punishment would be increased twice. He also commented that if
the case reappeared before the court and was proved false, then
punishments would be doubled by the judge. As narrated by
Manu-鈥榙harma 膿va hat艒 hanti dharm艒 rak峁ti rak峁ta岣�'. The king
makes the plaintiff swear if Dharma is destroyed it will be
destroyed by them. If it is saved then it will be saved by them.
Manu's explanation of crime.
Crimes occur due to the ill deeds of thought and words.
desire for the property
Intellectual crimes are divided in to three
of others, improper thoughts and crimes due to words - telling lies
and abusing others. Crimes of deeds are stealing and physical
* Yajnavalkyasmriti-2:808.
