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Ordeals [i.e., divya] are the special characteristics of ancient Indian legal system or jurisprudence. Ordeals are considered a part of evidence or mode of proof. Ordeals are distinct from human evidence. Ordeal is supposed to be divine proof in the enumeration of 驰腻箩帽补惫补濒办测补. The philosophy or idea behind invoking divine test is stated by J Jolly, that the divine judgment is based on the belief in the direct intervention of the deity in order to expose the guilt or to vindicate the innocence and to expiate for the violation of law which has occurred.^[1] Human evidence comprises of documents, witnesses and possession, etc. 驰腻箩帽补惫补濒办测补 has incorporated as general rules of procedure (2.22) that ordeals cannot be applied or permitted in any case when anyone of the human means of proof is possible. 驰腻箩帽补惫补濒办测补 has laid down significant provisions regarding applicability, method and usage of ordeal, in twelve verses.

驰腻箩帽补惫补濒办测补 mentions [five forms of ordeals, for exoneration from an accusation, viz.]:

1. the balance (迟耻濒腻),
2. the fire (agni),
3. the water (jala),
4. the poison (惫颈峁�a) and
5. the consecrated water (办辞艣补).

He prescribes the restrictive rule that these five ordeals to be resorted to only in cases of grave charges or serious crimes however, ordeals are not made invariably applicable to serious complaints or suspicion. The necessary condition put for an ordeal is that the complainant should agree to abide by the result of the ordeal.^[2] Therefore, it is provided as special rule that by mutual consent of both the litigants, anyone meaning either the complainant, i.e. who had made accusation or the accused may perform the ordeal [i.e., divya] and other should submit to the judgment.^[3] Here, the 惭颈迟腻办峁�a谤腻 comments that ordeal evidence is not confined to affirmative proof alone like the human evidence, but can be established either by affirmative or by negative proof. Hence, in case of denial, confession and avoidance, ordeal may be permitted according to the will of either the plaintiff or the defendant.^[4] However, in some exceptional cases of high treason, of aggravated sin, a party may be allowed to go through the ordeal even though the other party does not agree.^[5]

驰腻箩帽补惫补濒办测补 declares a special rule concerning the conditions on whom what kind of ordeals [i.e., divya] may be applied. These ordeals are sanctioned depending upon the circumstances, nature of the suit, or person to be gone through. The ordeal of balance is intended for women, children, old men, blind and lame person, the 叠谤腻丑尘补峁嘺蝉 and the diseased. Ordeal of fire and water are prescribed for 碍峁�a迟谤颈测补蝉 and 痴补颈艣测补蝉 respectively, and poison measures of seven yavas for 艢奴诲谤补蝉.^[6] Moreover, the ordeals by fire, poison or balance should not be administered if the subject-matter of dispute is less than one thousand 辫补峁嘺蝉. In cases of offences affecting the king and in serious charges, parties willing to prove their innocence may undergo an ordeal after having purified themselves.^[7] One rule is provided, which is required to be observed for ordeals in general. The persons summoned to go through the ordeal should stay on fasting from the previous day. On the day of ordeal, at sunrise having bathed and clad in wet clothes he should perform ordeal in the presence of the king and the 叠谤腻丑尘补峁嘺蝉.^[8] Commenting on the provision, the 惭颈迟腻办峁�a谤腻 states that the process of ordeal is administered by the 辫谤腻岣峷颈惫腻办补, i.e. the chief judge. 驰腻箩帽补惫补濒办测补 has very briefly narrated these ordeals.

The ordeal of balance (迟耻濒腻):

The person, performing a balance ordeal, sits on the scale of a balance, then an expert in weighing weighs him with an equal weight and marks a line. After that, he descends from the scale. Invoking the balance with a mantra to uphold truth, the person is to ascend the scale again. If at the second time he goes down then he is considered to be guilty, on the contrary, if he appears to be lighter, i.e. taken upwards he will be declared innocent.^[9]

The ordeal of fire (agni):

For performing fire ordeal, hands of the person undergoing the ordeal are marked on which grains of the rice have been rubbed in. Thereafter, seven leaves of 补艣惫补迟迟丑补 should be placed on his hands and encircles them with as many rounds of threads. After that, the fire is prayed for declaring the truth and on completion of the addressing, one smooth iron ball of fifty palas red heated like fire should be placed in both of his hands. Taking that iron ball, he has to gradually walk through seven 尘补峁囜笉补濒补蝉, i.e. circles of sixteen fingers in diameter and the space intervening between two circles also should be sixteen fingers. Thus, after going through seven circles when he throws out the burning iron ball, his hands are to be examined. If his hands are found to be un-burnt then he is considered innocent. In case the balls fall down on the way or any doubt arises then again he has to undergo the ordeal.^[10] It is to be mentioned that 狈腻谤补诲补 propagates eight circles instead of seven in the 驰腻箩帽补惫补濒办测补sm峁泃i, and prescribes seven numbers of threads to fasten the leaves on the hands unlike the later, which has not given any particular figure. Diameter of each circle is prescribed by 狈腻谤补诲补 to be the length of one鈥檚 foot and space between two circles as thirty-two 补峁単耻濒补蝉.^[11] Thus, the law of 驰腻箩帽补惫补濒办测补 appears to be mild then that of 狈腻谤补诲补.

The ordeal of water (jala):

The procedure for water ordeal is that after the worship of God 痴补谤耻峁嘺, the person desiring for the ordeal should enter the water navel-deep. Simultaneously, an arrow is discharged from that place and a swift runner brings back the arrow. If after his return, he sees the person completely immersed in water then his innocence is established.^[12]

The ordeal of poison (惫颈峁�a):

In the ordeal of poison, at first, poison is worshiped. Then according to 驰腻箩帽补惫补濒办测补 the person, performing the ordeal should drink the poison called 艣腻谤峁単补 produced on the Himalaya mountains. If the poison is digested without showing adverse effect on the body, then he is considered not to be guilty.^[13]

The ordeal of consecrated water (办辞艣补):

The ordeal of 办辞艣补 is administered having worshipped the stern deities and collects the water in which they are bathed. After collecting the water, the judge should recite a mantra and make the person drink there from three handful of water. After performance of the ordeal, if the person does not meet with any calamity either by the act of god or of king within fourteen days then he will be declared innocent.^[14]

Manu mentions only two forms of ordeals [i.e., divya], i.e.

1. fire and
2. water. ^[15]

狈腻谤补诲补 incorporates same five ordeals mentioned by 驰腻箩帽补惫补濒办测补.^[16] Moreover, he has referred to two more ordeals, viz.

1. 迟补峁囜笉耻濒补 and
2. 迟补辫迟补尘腻峁�a.^[17]

Though, 驰腻箩帽补惫补濒办测补 has increased the number of ordeals than that of the 惭补苍耻蝉尘峁泃颈, at the same time, he seems to be very much aware of the limitations of ordeals and about adverse effect of justice these may cause. Hence, he has carefully lays down the rules to minimise the use of ordeals. These ordeals are not having any corresponding provisions under modern Indian legal system. These are not adopted rather prohibited as people consider these irrational, arbitrary, and fanciful.

Footnotes and references:

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[1]:

Vide., Jolly, J., Hindu Law and Custom, page 310

[2]:

迟耻濒腻gny膩po 惫颈峁�a峁� ko艣 divy膩n墨ha vi艣uddhaye/ mah膩bhiyoge峁�vet膩ni 艣墨r峁�akasthe鈥檅hiyoktari// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.95

[3]:

谤耻肠测腻 v膩nyalara岣� kury膩dilaro vartayecchira岣�/ Ibid., 2.96

[4]:

na m膩nu峁�apram膩峁嘺vad诲颈惫测补峁� 辫谤补尘腻峁嘺峁� bh膩vaikagocara峁� apitu bh膩vabh膩v膩ravi艣e峁�e峁嘺 gocarayati/ ata艣ca mithyottare pratyavaskandane pr膩峁卬y膩ye v膩rthipratyarthinoranyalarastecchay膩 诲颈惫测补峁� 产丑补惫补迟墨迟颈/ 惭颈迟腻办峁�a谤腻, Ibid.

[5]:

vin膩pi 艣墨r峁�ak膩tkury膩nn峁沺adrohe鈥檛ha p膩take// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.96

[6]:

Ibid., 2.98

[7]:

n膩sahastr膩ddharetph膩la峁� na 惫颈峁�a峁� na lul膩峁� tath膩/ n峁沺膩rthesvabhi艣膩pe ca vahehu岣� 艣ucaya岣� 蝉补诲腻// Ibid., 2.99

[8]:

sacaila峁� sn膩lam膩h奴ya s奴ryodaya upo峁�itam/ k膩rayetsarvadivy膩ni n峁沚r膩hma峁嘺sa峁僴idhu// Ibid., 2.97

[9]:

驰腻箩帽补惫补濒办测补sm峁泃i, 2.100-102

[10]:

Ibid., 2.103-107

[11]:

狈腻谤补诲补sm峁泃i, 4.1. 285-287, 299

[12]:

驰腻箩帽补惫补濒办测补sm峁泃i, 2.108-109

[13]:

Ibid., 2.110-111

[14]:

Ibid., 2.112-113

[15]:

惭补苍耻蝉尘峁泃颈, 8.114

[16]:

狈腻谤补诲补sm峁泃i, 4.1. 252

[17]:

Ibid, 4.1. 337, 343