Chapter 253 - The description of the Administration of Justice (vyavahāra)

[Sanskrit text for this chapter is available]

Fire-god said:

1-4. I shall describe the administration of justice [i.e., vyavahāra] that gives the discriminative knowledge of justice and injustice. It is said (to comprise) four feet, four places and four means. That which is beneficial to four (classes of men), extends to four (different parties) and benefits fourfold. In the same way (it is said to comprise) eight parts and hundred divisions. (It has) three sources, two sorts of statements, two parties and two kinds of issues. The codes of law, justice, conduct and the command of the king are the four feet in the administration of the justice [vyavahāra]. (Among these) each subsequent one is the means for the previous one. Therein righteousness rests on truth. A law suit (rests) on the witnesses.

5. The conduct of a person (rests) on the opinion of the people. The decree (depends) on the command of the king. Since (a legal case) could be decided by the means such as the conciliation (and the like), they are said to be the four means.

6-12. Since it is protecting the four institutions (such as the student life), it is said to be beneficial in four ways. Because (the suit) encompasses the plaintiff, witness, assessors and the king, one-fourth each, it is said to be encompassing four-fold. It is said to be the instruments of four kinds, because it accomplishes the four—righteousness, material prosperity, fame and esteem of man-kind. The king with the attendant, courtiers, scripture, astrologer, scribe, gold, fire and water are stated to be the eight accessories (in a law-suit). It is said to be having three sources because it results from the three such as lust, anger and greed. Hence these three are the cause of a law-suit. The cause of the law-suit are two such as apprehension and firm disquisition. Among these, apprehension is known from association with six things and the genuine (fault) from the preceding events of six kinds. Because the suit has two sides it is said to be having two openings. Among these (two), the first one is the plaintiff and the other one is the defendant. The two courses are said to be that which has happened and the guise.

13. (The term) debt (denotes that admitted) by a person as payable or that denied by him as not payable or that which is given as gift (to another).

14. One’s own property placed out of trust (with another) without any doubt is said by wise men to be a trust that is a matter of dispute.

15. The place where the merchants and others collectively transact business (called) the active occupation is known to be a matter of dispute.

16. If one wants to take back that he has paid (to another), that is called the withdrawer of a gift and is known to be the matter of dispute.

17. Having agreed to do service (to another), if one refuses to do so, it (is known as) refusal to do service and is said to be a matter for dispute.

18. The wage of a servant is said to be coming under the head of debts and the non-payment (of the same) is deemed to be a matter of dispute.

19. If one sells the entrusted property of another or the lost (property of another) after having got it or having stolen it without the knowledge (of the owner), it is known to be selling of another’s property.

20. After having sold the goods for money if (the goods) are not made over to the buyer, it is non-delivery of sold (articles) and is a matter for dispute.

21-22. If a purchaser opines that the articles bought are not good after having bought (it is also a disputable thing). That condition of a wicked (assuring) good conduct is said to be conventional practice. The transgression of the conventional practice is said to be a matter for dispute.

23. The dispute that arises in respect of the right over the land that has been determined by a bridge or a field or drawn boundaries is said to be that (dispute) arising from the land.

24. Where the marriage rite of men and women is declared that is named as the union of women and men and is a matter for dispute.

25. That which is termed the division of the ancestral (property) by the sons is said to be the partition of the property and a matter of dispute by the wise men.

26. A rash act done by those haughty of their strength is said to be a crime and is declared as a matter for dispute.

27. It is said to be an abusive laṅguage that (is spoken) out of hostility with reference to the country, caste and family and the like with gestures.

28. It is said to be an assault if injury (is inflicted) on other’s bodies with hands, feet, weapons and destructive materials such as the fire.

29. It is said to be divine gambling (when it is played) with dice, vajra (diamond) and rod etc. It is termed as animal gambling (if it is played) with animals, and birds kept for pleasure.

30. That dispute is again known to be a miscellaneous one if it does not rest on anything. The violation of the command of the king as well as not carrying out that command (also constitute an offence).

31. Thus disputes are of eighteen kinds and there are one hundred divisions of these. These hundred divisions (of disputes) are stated to be due to difference in the acts of men.

32-37. A king should examine the disputes with the help of learned brahmins without becoming angry. The courtiers (jurists) should be disposed equally towards the enemies and friends. They should not be greedy and they should be proficient in the scriptures. When such men cannot be found, a brahmin should be engaged with (the help of) the courtiers. Judges swerving from the codes of law and the like out of attachment, greed or fear should be punished separately. The fine is double as that for a quarrel. If a person that has been annoyed by others by following a method that is contrary to the codes of law and practice, informs the king, that is (known to be) a matter for dispute. The year, month, fortnight, day, name, caste and the marks (on the body) should be recorded by the complainant as known to him in the presence of the defendant. The reply of the defendant after having heard (that of the complainant) should be recorded in the presence of the complainant. Then the complainant should record (the arguments) that would accomplish his statement. He would get success if it is established or the contrary if otherwise.

38-46. These are the four steps indicated (by experts) in disputes. Without having settled a plaint, (the court) should not accept a cross-suit. One should not take up a case rejected by another (tribunal). A counter-suit could be made only in the case of a quarrel or violence. An appropriate bail should be collected from both (the parties) in deciding optional cases. One should pay (a fine of) equal amount to the king for the denial of an established matter. Double the fine has to be collected for a false plaint from the plaintiff. Cases of rash acts, theft, abusive laṅguage, pronouncing a curse and disappearance of women should be examined at once. It has been said that in other cases, they may be (put off to a different) time optionally. One that wanders from one place to another, one that licks the corners of the mouth, one whose fore-head perspires, one whose face gets discoloured and one who by his nature gets changed in his thought, speech and physical actions is said to be a defamer for a plaint and witness. (A witness) (uttering) words of ambiguous import, uttering voluntarily something (not being summoned), falling down (when questioned), not telling something when summoned is known to be punishable if he is rich. Among the witnesses of both the sides, the witness of the plaintiff (should be heard first). When the examination of the plaintiff is completed, (the examination) of the defendant would be done. If the dispute is between members of the same clan, the younger should be punished.

47-49. The king should conduct the proceedings with respect to money paid or property or riches of a rich man after removing the fraud by (employing) the messenger. The king should confiscate all treasures, if it is concealed wholly or partly. All such properties should not pass over to the sovereign unless voluntarily offered (by the parties). In the case of conflict between two law codes in deciding a suit, equity relevant to the suit (should be considered as) stronger.

50-51. The codes of law are deemed to be stronger than the science of wealth. The documents, actual enjoyment and the witnesses are said to be evidences (in a law suit). An oath is prescribed in the absence of one of these. The later incidents are stronger in all the law suits.

52-59. The preliminary (events) are stronger in the case of a mortgage, gift or purchase. (The ownership) of a ground taken possession of forcibly by another with the knowledge of the rightful owner could be disputed only within twenty years. The wealth enjoyed by another (could be disputed by the legitimate owner) only within ten years, except in the case of a mortage, an encroachment, a property held in trust, wealth belonging to an idiot or an infant, or treasures or wealth belonging to the sovereign, to a woman or a brahmin. One who sells away a mortgaged property should pay the value to the owner of the property and pay an equal amount of fine or that befitting his ability to the king. Possession is title, even in the absence of (proof of) continuous enjoyment. But possession without (proof of) even a little enjoyment has no strength (for the title). An enjoyment with good possession (of a property) becomes valid. An enjoyment without proper possession could not be valid. The possession made by the trespasser should be recovered by a suit. It would be of no avail that the present possessor had got it from the son or the son’s son of the original trespasser. In the case of the death of the possessor, the value of the property should be recovered from the property left by him. An enjoyment without a sound possession could not be a valid reason (against that). (The king) should prevent the encroachment by force or deceit.

60-62. A transaction done by a woman or in the night or inside a room or outside or made by an enemy (as well as that done) by a drunkard, lunatic or one addicted to evil, an infant or a frightened one or one that is defective is not valid. The king should cause (the mortgager) to return to the mortgagee the property mortgaged. If not possible, an amount equal to the property should be paid. The king should pay to the village headman the property stolen by a thief.

63-66. The interest relating to (a loan for which interest accrues) every month is one eightieth (of the amount lent). Otherwise the interest should be two, three, four or five (per cent) in the order of the castes (to which they belonged). It is seventieth part in the case of animals and women, eight times in the case of food, four or three or two times in the case of dress, food grains, gold and other things. If (the money is lent) to a person of a different village, (it should be) ten (per cent) and if beyond the ocean, (it should be) twenty (per cent). (Members of) all castes may pay (rates of) interest of their choice. A king would not be censurable by paying money to those in need. One that would go to the king after having obtained (a loan) would be liable for punishment and that money should be confiscated.