You Won't Believe How India's Justice System Was Born: An Interesting History

If you think that India’s justice system began only as the legacy of the British, you need to think again. Indian law is actually based on writings and practices that originated thousands of years ago in ancient India, reaching from the wisdom of Vedic thinkers to the courts of the Maurya kings.  

All the curious minds interested in Hindu studies and those hoping to practice law in India need to know that Indian law includes much more than rules and penalties; it tells a truly interesting tale of ideas, communities, and striving for dharma (justice) that is a compilation of the the Bhartiya darshan + laws from the world + english laws and the laws as per the contemporary requirements. Let’s understand the Indian Penal Code of ancient India aka Manusmriti, and the parallels between the Indian Justice System.

The Origin of Law in India

India had a well-developed legal system long before we were ruled by the British or the Supreme Court. Records from the Vedic period reveal that legal systems started in India, as referenced in the Rig Veda and then mentioned again in later Upanishads and Dharmaśāstra books such as Manusmriti and Yajnavalkya Smriti. In ancient India, law was considered by many to be a command from the gods, including both religious duties, a well-ordered society, and a sensible management.

Interestingly, the Indus Valley Civilization ( 3300 to 1300 BCE) had so many structures hinting at early rules and laws. But it was only in the Vedic period and post vedic period that people started discussing and organizing law as part of philosophical debate. Let’s go through the timeline of India Legal history:

Timeline of Indian Legal History

Era	Key Legal Developments
Indus Valley (3300–1300 BCE)	Evidence of urban planning and early rules, but no written legal code.
Vedic Period (1500–500 BCE)	Laws rooted in Rig Veda, Upanishads; focus on dharma and social order.
Post-Vedic (500 BCE–200 CE)	Dharmaśāstra texts (Manusmriti, Yajnavalkya Smriti) formalise legal ideas.
Mauryan Empire (322–185 BCE)	Arthashastra by Chanakya (statecraft, law, and justice administration)
Medieval Era (700–1700 CE)	Influence of Buddhist, Jain, and Islamic legal traditions.
Mughal Period (1526–1857 CE)	Introduction of Islamic law, continued Hindu law for personal matters.
British Rule (1858–1947 CE)	Common law, codified statutes, modern courts.
Modern India (1947–Present)	Constitution-based system, Supreme Court, digital reforms.

 

Who Created the Laws? 

The laws in ancient India were made by Sages, Kings, and Individuals in power. These people impacted greatly on how the law functioned across ancient Bharat. The rules and laws weren’t made in one sitting; they gradually came into existence and were practiced in a way that did not hinder the lives of Indians but helped them live better. 

Different texts such as Manusmriti, Narada Smriti, and Arthashastra gave extensive guidelines for issues related to land, laws, and punishments. Although the king was viewed as the main provider of justice, his decisions were influenced by the suggestions of important Brahmins, ministers, and jurists.

Classification of Courts

The legal system was very advanced compared to those of other societies of the time. In Brihaspati Smriti and several other values, it is evident that there was a clear hierarchy: 

• Family Courts: Commonly, disputes are resolved as a first step by the community’s elders.
• The concept of Village Courts (Panchayats): Important local people in villages dealt with civil and minor offenses.
• Principal Courts: Towns above a certain size were governed by royal representatives and intellectuals.
• King’s Court (also known as Raja Sabha): In criminal matters, the top authority consisted of the king or his chief justice (Pradvivaka).

There were designated legal bodies for handling cases stemming from trade as well as cases about religion. Just like in the contemporary world, we have different courts, such as family court, consumer court, etc., ancient India had the aforementioned courts. 

How Were Ancient Courts Operated?

Forget the common image of a judge sitting in the court and everyone else waiting for him/her to make the decision. In ancient India, the courts had a group of jurists, mixing dharmasthas (lawyers) and amatyas (ministers). Before making a decision, the king discussed matters with a group of wise individuals. Even if the king’s decision disagreed with dharma, the jurors could challenge it.

Key Features

• No lawyers: Parties stood before the chamber and made their own arguments.
• Appeal system: If the matter was serious, it was possible to ask the king for review.
• Community justice: A great deal of disputes were resolved by trade guilds and family assemblies.
• Ethics code: Impartiality, honesty, and knowledge were the main qualities expected from judges.

What did the Laws from Ancient Times Include?

The laws developed in ancient India were all-inclusive. The reasons for lawsuits in Manusmriti were unmet obligations, gifts that were not delivered, disagreements in partnership, and other problems. Criminal law was used to deal with theft, assault, and intent by the person committing the actions. Punishment for crimes could be fines or banishment, always designed to bring about change rather than only punish the offender.

The system did have its flaws. A person’s social class and gender could determine if they received justice, and their sentence could change depending on their background. But, progressive points were made as well, such as rules to help the poor, regulations for judges, and the belief that even a king had to obey laws.

Understanding Manusmriti and What It Contains

The Manusmriti (also referred to as Manava Dharma Shastra) is considered one of the main books guiding ancient India’s laws and order. The texts were created from 2nd century BCE to 3rd century CE and helped determine the laws of Hindu religion as well as influence how laws were organized in the colonial period. We will now look at its main legal concepts, laws of manusmriti, bring in shlokas that have been accurately translated, and clarify what they really mean for law and justice.

From where law is given in Manusmriti

Manusmriti 2.6,

"वेदोऽखिलो धर्ममूलं स्मृतिशीले च तद्विदाम्।

आचारश्चैव साधूनामात्मनस्तुष्टिरेव च॥"

Translation:  The origin of the sacred laws is the whole Veda, after that it is passed down through tradition and the behavior of those learned in the Veda, the habits of holy men, and most of all self-satisfaction (Atmana santushti).

Manusmriti mentions that law is created based on four main sources:

• The Vedas (scriptures honored by Hindus)
• Holy men (actions and teaching of holy figures)
• Sadachara (the way virtuous people should act)
• Atmanastushti (one's own conscience or satisfaction) 

In other words, the law is connected to sacred texts, age-old customs, and the values held by the community and individuals.

Setting Up Courts and the Judicial System

Manusmriti 8.1 says:

"राजा तु न्यायधर्मेण सह ब्राह्मणैः सह मन्त्रिभिः।

विशुद्धात्मा परिक्षिप्य विवादान् परिपालयेत्॥"

Translation: The ruler, pure in mind, along with Brahmins and officials, should carefully decide on lawsuits according to what legal scriptures say and should not let anger and greed get in the way.

Whenever there are legal disagreements, the king is supposed to lead the discussion while staying impartial and using the Brahmins’ knowledge. Therefore, the nation has a consultative and ethical court system, not an autocratic one.

On Contracts and Agreements

Manusmriti – 8.164:

"यद् अयुक्तं च यत् कृत्स्नं यद् विप्रतिषिद्धं च यत्।

अवेद्यं चापि यत् कार्यं तद् अकर्तव्यम् एव हि॥"

Translation: Agreement proven, deemed, unlawful, repugnant to public policy, contrary to existing custom or against public policy, even if proven will not be enforced.

This verse states that contracts or agreements contrary to law or custom are not valid in law and is the same in modern legal doctrine that says illegal contract is void.

Evidence Rules and Witnesses

Manusmriti 8.61:

"साक्षिणः सप्त सन्धाय साक्ष्यं गृह्णीयात् पण्डितः।

सत्यं ब्रूयुः साक्षिणः साक्ष्ये धर्मेण चान्विताः॥"

Translation: The wise should examine seven types of witnesses; witnesses must speak the truth, and their testimony should be in accordance with dharma (righteousness).

This shloka tells the importance of truthful and righteous testimony, laying the groundwork for the modern law of evidence.

Punishment and Proportionality

Manusmriti 8.318

"दण्डः शास्ति प्रजाः सर्वाः दण्ड एव अभिरक्षति।

दण्डः सुप्तेषु जागर्ति दण्डं धर्मं विदुर्बुधाः॥"

Translation: Punishment rules everywhere among subjects, and it alone holds them. It is wide awake when others slumber. It is dharma itself, to the wise.

This highlights the king's duty to enforce law and maintain order through fair punishment, which is seen as an essential part of justice and social harmony.

Protection of the Weak and Social Justice

Manusmriti 8.27

"बालानां वृद्धवृद्धानां स्त्रीणां चैव विशेषतः।

रक्षा विधेया सततं राजा धर्मेण पालयेत्॥"

Translation: the king must always ensure the safeguard of children, the elderly and especially women, and govern as per the dharma.

As per this verse, there is a need for safeguarding weak sections of society, showing an early perception on social justice.

The other laws and dharma outlined in Manusmriti includes, rights and duties of women, laws for women, how to grant justice, the rules of proving someone innocent, review and appeals, as well as the family laws.

Moreover, this ancient Indian work, explains almost all areas of law, including what constitutes law, how courts function, types of contracts, property rights, punishments, justice, and the right to appeal. Even though certain parts of the law match the social environment of the past, many key concepts, like upholding the rule of law and calculating contract validity, continue to matter in the modern Indian legal system.

How Dharmaśāstra was Affected by British Law?

When the Mughals appeared, and then the British followed, India experienced significant changes in its legal system. The British set up common law, made rules into constituted statutes, and introduced the current way of arguing cases between parties. Moreover, they built on ancient laws, especially when it came to Hindu personal matters, which included marriage and rights to property after a person’s death.

Fun fact: The principles of Manusmriti and Arthashastra that endorse evidence, fair judges, and the right to appeal can still be seen in today’s Indian law.

What should Law Aspirants and Hindu Studies Students know?

1. Law Was a Philosophy That Lived and Developed: Ancient Indian law was designed to restore harmony, ensure that the weak were not mistreated, and support dharma. The king was regarded as someone who served justice, not as someone in charge of it.
2. Community was a Big Focus: Local governments as well as trade groups usually administered justice by involving the community. The phrase “justice at your doorstep” is many centuries old.
3. Ethics in the courtroom was given the highest priority: Even if disagreeing with the king’s decisions, judges had to show impartiality, wisdom, and strength. Judicial independence as a core principle continues nowadays. 
4. Diversity within the law.: Long ago, there were many sets of rules and ways to resolve disputes for different people and groups in India. Because the system could adapt, it managed to remain important over many ages.

The Modern Indian Justice System Reflects the Past

The Indian judiciary is counted as one of the world’s biggest, starting from local courts and reaching up to the Supreme Court. Even though the system is rooted in English common law, some very old traditions are still kept alive: the panchayat system, the significance of written verdicts, and the belief that no one escapes the law.

However, the problems of getting access to the legal system, delays, and inequality among different classes are still ongoing. Being familiar with our ancient laws can help us develop new reforms, for instance, by ensuring more accessible justice, access to local courts, and including ethics and participation in community issues.

It’s not only about the ancient text and customs when we talk about Indian justice. Even now, the way the law works is guided by the original values of philosophy, community, and belief in fairness. To law students, it lets them know that achieving justice involves wisdom, bravery, and compassion, not only the rules. Those learning about Hindu philosophy will see that dharma is more than a word and truly holds the civilization together.

So now, when you see the inside of a court or read about a significant legal decision, keep in mind: you belong to a practice that began with wise sages, was shaped by kings, and keeps progressing as new cases and generations appear. As law aspirants in India, it is your duty to be well-versed with Manusmriti that covers various offences and punishments, mirroring aspects of the modern Indian Penal Code, as well as unveil the rules and perspectives needed in the Indian justice system. Know your roots and strive to fix the future for good. 

FAQ

Q1. What is the oldest law in India?

The oldest known legal references are in the Rig Veda and later Dharmaśāstra texts like Manusmriti.

Q2. How did British law change Indian courts?

The British introduced common law, codified statutes, and a modern court hierarchy, but retained Hindu and Islamic personal laws.

Q3. Are ancient legal concepts still relevant today?

Yes! Concepts like panchayats, written judgments, and judicial ethics are still part of the Indian legal system.

Q4. How is technology changing Indian justice system? 

E-courts, online dispute resolution, and AI-powered legal tools are making justice faster and more accessible.