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
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etc Divya Pramāṇa should be taken into consideration. In
vākpāruṣya and daṇdapāruṣya, mānuṣa pramāṇa should not be
should be taken in to
considered, but Divya pramāṇa
consideration.
The matter should be determined by taking one of the
varieties of Divya pramāṇa If there is no written document,
witness and experience will come to help to determine the case.
Similarly king should determine the matters of great sin on the
basis of complaints and witnesses. In the matters concerning
social disputes, the written documents in palm leaf should be
given more consideration than witnesses and Divya pramāṇa
Lēkhyam (written statements), Sākṣi (witness) would not be
taken as pramāṇa .
Vyāsa says the matters are two types, those are Aprakāśa
(secrecy) and Prakāśa (open or public). Here, the matters with
secrecy should be determined by Divya pramāṇa and the public
matters should be determined with witnesses and pramāṇas.
