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Vyavaharamala: a text on Indian jurisprudence

by P. V. Rajee | 2008 | 63,341 words

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....

9. Arrest and taking into custody by the king's order (Asedha-prakarana)

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Taking into custody by the direct order of the king is known as Asedha-prakarana. The defendant is liable to imprisonment due to refusal of the fine which is demanded by plaintiff, then the king takes him into custody. Arrest and custody are of four types. (1) He is not allowed to leave his locality still the king's further order. (2) Depromotion from the position one occupies.(3) For a prescribe period he is not allowed to leave his locality.(4)Suspension. The matters in which imprisonment can be curtailed by the king are as follows. The plaintiff can refuse the land and house of the defendant, if the defendant speaks injustice. Sometimes one who

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129 trespasses, will not deserve punishment. When one crosses the border river, when one is attacked by robbers, when the kingdom is attacked by enimies, defending themselves on such situation is not punishable. The person below the age of sixteen, messenger, the person doing fasting etc should be exempted from punishment. In the same manner, women who has just given birth to her child, the children below the age of ten etc are not allowed to be brought for vyavahara. After reducing the punishment of client by the king he will not be reimprisoned by the court. If he is punished by the court and re-admitted in to the jail, the justice has to pay the fine to the court. A betrothed groom, a patient, a yogi, a grief-stricken person and a client are not allowed to be sent to the jail. Farmers, shepeards, artisans, soldiers also do not deserve the imprisonment. Those who are riding on elephant, horse, chariot, or traveling by boat etc should not be given imprisonment. Those who commands others not to open their eyes, not to breath, not to take food in time etc, are compelled to pay fine. Those who

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130 administrated the family as a dictator, the women those who lead the independent life, drabbiness, murders etc must deserve the punishment.

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