Pranam
Yājñavalkyasmṛti, judicial system
The Dharmsastras usually deal with a section
called VYAVAHARAMATRIKA. The term VYAVAHARAMATRIKA is not defined in
the YAGNAVALKYASMRITHI.
*vyavahāra* in the *Vyavahārādhyāya* mainly pertains to what comes
within the purview of procedural law or judicial proceeding in modern
sense. Judicial or legal procedure lays down the rules which govern the
process of litigation. It deals with the machinery and the manner for
enforcement of legal rights, duties or remedies.
MODERN SYSTEM: In the modern-day justice delivery system, there are
mainly two types of judicial proceedings such as civil proceeding as well
as criminal proceeding. The civil proceeding is initiated by the aggrieved
party who is called plaintiff, either in person or through an Advocate, in
the form of a plaint where all the allegations against the defendant, who
has violated the rights of the plaintiff, are raised before the appropriate
Civil Court of Law. Thereafter, on receipt of the summons, from the Civil
Court, the defendant appears either in person or through an Advocate and
submits his/her written statements against the allegations made in the
plaint. At this stage, the defendant in addition to his denial, he may
raise allegations against the plaintiff by filing counter claims, etc. In
case the defendant denies the allegations, the plaintiff’s side is asked to
adduce their evidence both written, documentary or oral evidence through
witnesses. After completion of process of taking evidence of the
plaintiff’s side, the defendant’s side is allowed to adduce his evidences
in the same manner in support of his claim. Subsequent to the exchange of
pleadings and evidences, the argument takes place and the Judge after
hearing both sides and considering the evidences on record, pronounces the
judgments in favour of either of the parties. In case, the defeated party
is not satisfied with the judgment of the court of original jurisdiction,
he may prefer an appeal before the appellate Court.
The criminal proceeding is instituted either by a aggrieved party or
by anybody on his behalf, lodging a complaint called an FIR in the Police
Station, or the Police on behalf of the State in absence of any complaint
from any person may also initiate suo-moto proceeding. Apart from this, a
complainant may approach the appropriate criminal court of law by filing a
complaint case alleging against the accused for causing injury and damage
either to his person or to his property. In a criminal case where the
Police case is registered, the Police after registration of the case
conducts the investigation and for the purpose of investigation, the Police
may arrest the accused persons in case of non-bailable offences. The
Police, after investigation, submits the case before the concerned court.
In the proceeding, under complaint case, after taking cognizance of the
offence, the summon is issued to the accused persons, and thereafter the
enquiry is conducted either through Magistrate or through the Police. In a
criminal proceeding, the Public Prosecutor represents the State and
conducts the case on behalf of the victim. The criminal court gives equal
opportunities to the parties to represent their cases. The parties of a
criminal case have the equal rights to produce their oral and documentary
evidences and have the right to be represented and place their arguments
through their advocates. The Court either punishes or acquits the accused
person after hearing their arguments and after considering the evidences of
both the sides. In case, the accused is punished, he has the right to
prefer appeal, in the alternative in case of acquittal the victim also has
the right to prefer an appeal before the appellate Court against the
judgment and sentence of the original criminal Court of law.
Rules of procedure is an important part of legal system or justice
delivery system. Rules of procedure regulate how the law will be
administered while deciding a case, i.e., the form, manner and order of
steps taken in conducting a lawsuit. The rules are prescribed so that a
fair, orderly, efficient, and consistent application of fundamental justice
to all cases, brought before a court, can be ensured. In absence of the
systematic and formal rules of procedure, the legal system would become
inefficient, unfair, or biased and would imbalance the peace of the
society. As a result, people will lose faith and respect on it. It includes
rules about jurisdiction or authority of courts, institution of suits by
means of complaint, report, etc., pleadings, serving notice to other
parties, arrest or detention of persons, discovery, inspection and
production of evidence, hearing, inquiries and trials, dismissal of suits,
judgment, appeal, representation of counsel, cost, limitation, and other
matter, governing the process of lawsuits. Basically, these are the
standardized guidelines or rules to hear and determine judicial actions.
The systematic development of the rules of procedure can be seen in
the *Vyavahārādhyāya* of the *Yājñavalkyasmṛti*, which is of great effect
in the judicial system. Judicial proceeding starts with the institution of
the suit. Usually a suit or litigation is said to have begun with the
lodging of a complaint to the king In the present judicial system also, no
civil case can be started without a plaint though it is not always
mandatory in case of a criminal case. An aggrieved person, whose rights are
violated are directed by Yājñavalkya
<https://www.wisdomlib.org/definition/yajnavalkya#hinduism> to open an
action at law. Thus, he seems to discourage the king and his officers to
initiate or promote a lawsuit on their own account. It is helpful to
prevent the king and his officers from insisting people to litigate and
increase the number of litigation among people out of desire for wealth or
money. It is explicit in the *Manusmṛti*
<https://www.wisdomlib.org/definition/manusmriti#hinduism> that neither the
king nor anyone of his servants should start a lawsuit themselves or
suppresses one which is presented before him by the people Nārada
<https://www.wisdomlib.org/definition/narada#hinduism> states more
elaborately that they should be punished, who without having any relation
of brother, father, son, appointed agent or being interested personally in
the litigation institute any complaint. That is how false litigation is
forbidden among people.
It appears that perhaps among the Smṛtis
<https://www.wisdomlib.org/definition/smriti#dharmashastra>, for the first
time in the *Yājñavalkyasmṛti*, judicial procedure is divided into four
parts. In the *Yājñavalkyasmṛti*, the judicial procedure is shown as having
four feet, i.e., to contain four parts or stages .
Vijñāneśvara explains these four pādas
<https://www.wisdomlib.org/definition/pada#hinduism> respectively:
1. the petition of the complainant is the first stage called *bhāṣāpāda*,
2. the second one is the reply of the defendant known as *uttarapāda*
<https://www.wisdomlib.org/definition/uttarapada#hinduism>,
3. adducing of evidence or proof is the *kriyāpāda*
<https://www.wisdomlib.org/definition/kriyapada#hinduism>, the third stage
and finally
4. the fourth stage is the decision viz. *sādhyasiddhipāda*.
Viśvarūpa
<https://www.wisdomlib.org/definition/vishvarupa#hinduism> mentions the
four parts to be *pratijñā*
<https://www.wisdomlib.org/definition/pratijna#hinduism>, *uttara*
<https://www.wisdomlib.org/definition/uttara#hinduism>, *sādhana*
<https://www.wisdomlib.org/definition/sadhana#hinduism> and *nirṇaya*
<https://www.wisdomlib.org/definition/nirnaya#hinduism>, that come in order
one after another. Aparārka refers *pratyākalita* as one of the four
stages, which means deliberation of the sabhyas
<https://www.wisdomlib.org/definition/sabhya#hinduism>, regarding the
method and burden of proof. He quotes Kātyāyana
<https://www.wisdomlib.org/definition/katyayana#hinduism> to support his
view. According to Kātyāyana, *pūrvapakṣa*
<https://www.wisdomlib.org/definition/purvapaksha#hinduism>, *uttara*,
*pratyākalita* and *kriyā*
<https://www.wisdomlib.org/definition/kriya#hinduism> are the four parts of
judicial proceeding The *Mitākṣarā*
<https://www.wisdomlib.org/definition/mitakshara#hinduism> commentary has
not accepted *pratyākalita* as a part of judicial procedure in the above
prospective as litigants are not directly related to it When the claim of
the plaintiff is admitted by the opposite party, then the judicial
proceeding may have contained only two parts instead of four. In such case,
there is not any need of *kriyāpāda*, i.e., the statement of complainant’s
evidence and of *sādhyasiddhi* as there is nothing to be established by
examination of evidence In a reply of denial only, the evidences are to be
adduced. Otherwise, the reply of defendant itself proves the case.
These four stages of judicial procedure are followed in all lawsuits
such as *ṛṇādāna*
<https://www.wisdomlib.org/definition/rinadana#dharmashastra>, etc.
Bṛhaspati <https://www.wisdomlib.org/definition/brihaspati#hinduism> also
describes the four parts of a judicial proceeding in the light of
Yājñavalkya. These are *pūrvapakṣa*, i.e. declaration of the plaintiff
stating the case, *uttara*, which is the reply or answer of defendant,
*kriyā*, i.e. the trial of the case and *nirṇaya* which is judicial
decision.
Nārada also lays down the four feet of judicial procedure but in a
different manner, viz.
1. *dharma* <https://www.wisdomlib.org/definition/dharma#dharmashastra>,
2. *vyavāhara*,
3. *caritra* <https://www.wisdomlib.org/definition/caritra#hinduism>, and
4. *rājaśāsana*
<https://www.wisdomlib.org/definition/rajashasana#hinduism>.
* Dharma* is said to be based on truth, *vyavāhara* depends upon
witnesses, *carita*
<https://www.wisdomlib.org/definition/carita#hinduism> rests
on usages or declarations reduced to writing, and *rājaśāsana* on king’s
order or command. However, normally the plaint, reply, proof and decision
comprise the four feet or stages of *vyavāhara*, not *dharma* and the other
three. The later can be considered as the four feet of decision (*nirṇaya*)
which is one of the four stages of legal procedure So, *dharma*, etc., are
the four feet of lawsuit in a long-drawn or indirect sense. The similar
view is expressed by Bṛhaspati. (TOBE CONTD) KR IRS 28/01/22
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