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 5 - Vyavaharamala—General features based on text
38 (of 186)
External source: Shodhganga (Repository of Indian theses)
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142
Brh. mentions: documents are of two types
-
Divya
Pramāṇa and Mānuṣa Pramāṇa. Sages say that each of this has
many categories. Brh. mentions Mānuṣa Pramāṇa is divided into
three divisions - Sākṣi, Likhitha and Anubhava. Divya Pramāṇa
is divided into nine categories. These are truthful.
Witness are twelve types, written documents are ten
types, experiences are of two types, Divya Pramāṇa are of nine
types, these are the other varieties of Pramāṇas. Vyāsa mentions
the Kāryasidhi (result) can be determined on the basis of
experience even though there are not any written documents.
Yāj says among Pramāṇa, the first one is the Lēkhya (written
documents), second one is Anubhava (experience) and third one
is sākṣi (witness). If there is lack of the above mentioned three
Pramāṇās the Divyapramāṇa should be considered. Nār says that
d Divyapramāṇa will not be considered in the cases which
happens in day or in village or towns.
Kāt says Mānuṣa Pramāṇa should be determined in the
case where among plaintiff and defendant are arguing for
