Chapter

Evidence and Procedure

Ashutosh Dayal Mathur

in Medieval Hindu Law

Published in print February 2007 | ISBN: 9780195685589
Published online October 2012 | e-ISBN: 9780199081578 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195685589.003.0007
Evidence and Procedure

Show Summary Details

Preview

In dharma śāstra texts, procedural law is discussed under ‘vyvahara matrka’. The law of evidence forms a part of this discussion. The sṃrtis of Nārada, Ḅrhaspati and Kātyāyana and the later digests prescribe rules of procedure under the following principal heads: constitution of courts, location, types, role of the king, court etiquette and contempt; initiation of proceedings, injunctions, summons, attorneys or representatives, guarantors; ingredients of a plaint, defects of a plaint, amendment of plaints; time for filing the reply, ingredients of a reply, types of replies, defects in replies; causes of defeat, punishment for defeat; compromise; assessment of rival claims; judgement; review and appeal; and punishments. Medieval texts have fine tuned some of the established rules, and modified some to harmonise them with the trend of according a greater role to the state in the dispensation of justice.

Keywords: dharma śāstra; procedural law; judgement; appeal; punishment; justice; evidence; plaint

Chapter.  10323 words. 

Subjects: History of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.