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July to September 2026 Article ID: NSS9974 Impact Factor:8.05 Cite Score:78 Download: 0 DOI: https://doi.org/10.63574/nss.9974 View PDf
Law and Justice in Ancient India: Dispute Resolution, Courts, and Social Order : A Historical Evaluation
Dr. Ashish Kumar Chachondia
Assistant Professor (Ancient History) Institute for Excellence in Higher Education, Bhopal (M.P.)
Abstract: The judicial system
in ancient India was not merely a system of punishment, but also a developed
process for resolving disputes related to social relations, property, debt,
trade, family, contracts, and state security. This paper provides a historical
study of the legal dispute and adjudication process in ancient India. The study
analyses dispute classification; the jurisdiction of the Dharmasthiya and
Kantakshodhana courts; case filing; notice and hearing; adjudication and
reconsideration; judgment implementation; and the evidence system. Sources
include Manu, Narada, Yajnavalkya, Kautilya, Shukra, and other religious and
literary traditions. These sources clearly show the importance placed on
written and oral evidence, witness qualifications, oaths, tradition, title, and
religious principles in the judicial process. Additionally, the king was
acknowledged as the supreme judicial authority, and there was a provision for
reviewing the decisions of subordinate courts. This study also reveals that the
ancient judicial system was deeply intertwined with the contemporary social
structure and caste-based beliefs. Therefore, it is more appropriate to
understand it in its historical context rather than measure it directly against
modern standards of justice.
Keywords: Dharmasthiya Kantakshodhana, Dharmashastra,Pradeshta,
Vyavharika.
