Sanskrit Tidbits-27:18 Types of cases dealt by kings as per Manusmriti

I find Chapter 8 of Manu Smriti extremely interesting.  It is also a long chapter, with 420 shlokas.  I find it interesting because it is about justice delivery and crime and punishment, law and order being the primary responsibility of a king. But I won’t spend more than one tidbit on Chapter 8.  Therefore, I will only give you a flavor.  You should actually read the original text, or a complete translation.  8.3 tells us that every day, the  king must dispose of 18 types of cases.  8.4-8.7 gives us a list of those 18 types of cases.  Although not quite stated that way, that listing may very well give us an indication of priorities, in the sense of more  important cases being mentioned first.  In any event, taken together, those 18 give us an indication of what kinds of suits were important then.  Here is that list of 18 – (1)अऋणादानां (non-payment of a debt); (2) निक्षेप (issues connected with pledging of property); (3)अस्वामिविक्रयः (selling something that you don’t actually own); (4) संभूय (this word means something done jointly or collectively, therefore, disputes among partners); (5) दत्तस्यानपकर्म(improper actions connected with gifts); (6) वेतनस्यैव चादानं (non-payment of wages); (7) संविदश्च व्यतिक्रमः (going back on a contractual agreement); (8) क्रयविक्रयानुशयो (going back on agreements to buy or sell); (9) विवादः स्वामिपालयोः (disputes between an owner and a herdsman (obviously of animals)); (10) सीमाविवाद (disputes over boundaries); (11) अधर्मश्च पारूष्ये (violence that is against dharma); (12) दण्डवाचिके (verbal abuse, say defamation); (13)स्तेयं (theft/robbery); (14) साहसं (this can mean many things, say violence); (15) स्त्रीसंग्रहणमेव(seduction of women/adultery); (16) स्त्रीपुंधर्म (the dharma of husband and wife); (17) विभाग(division or partition, obviously of property); and (18) द्यूतमाह्वय (gambling/betting).  This listing  is thus primarily in the nature of what we would call civil suits.  If the king doesn’t hear the suit himself, he must appoint a brahmana (and assistants) as adjudicators (8.9-8.10).

Several shlokas follow on treatment of plaintiffs, defendants and witnesses.  I am not quoting these.  However, 8.73 deserves a mention.  If there are conflicting witnesses, the king must accept the side that has more number of witnesses.  If the number of witnesses on both sides is equal, the king must opt for the side that has witnesses with superior qualities. If the quality of witnesses on both sides is the same, the king must opt for the side that has superior brahmanas as witnesses.  8.88 is also interesting.  A brahmana witness must only be asked to speak, the presumption being that he will speak the truth.  A king who is a witness will specifically be asked to speak the truth.  For a vaishya witness, his cattle, seeds and gold must be mentioned, to persuade him to speak the truth.  A shudra witness must be threatened with every kind of hell, to make him speak the truth. 8.119-124 lay down the punishment for perjury.  That punishment depends not only on varna, it also depends on the motive behind the perjury.  Some motives warrant higher punishment than others.  There is a hierarchy in punishment too (8.129).  First, one must use censure.  Second, one must use harsher words of censure, such as shaming.  Third, one must impose monetary fines.  Fourth and finally, one can pass a death sentence.

If I have understood it right, 8.140 says that a money-lender’s interest should be 1.25% a month.  However, 8.141 says that 2% a month is also acceptable.  8.142 implicitly (not explicitly) suggests that it should be 2% a month for brahmanas, 3% a month for kshatriyas, 4% a month for vaishyas and 5% a month for shudras.  8.152 makes it clear that anything more than 5% a month is legally untenable and cannot be recovered.  It is कुसीदपथ(usurious).  If there is a one-time payment of interest, anything more than double the principal is also usurious (8.151).  However, clearly, all borrowing may not in the form of money.  It can also be in the form of grain, fruits, wool and animals.  In such cases, if there is a one-time payment of interest, it shouldn’t be more than five times the principal.  I should also mention 8.153.  This makes it clear that this has to be simple interest.  Compound interest, and other more complicated forms of interest are prohibited.  Some contracts are prohibited (8.164). For example, contracts against the law, or contracts made by those who are drunk, insane, mentally diseased, dependents, infants and the aged, and even contracts made by those who are not authorized to make contracts.  Indeed, it sounds quite a bit like the present Indian Contracts Act.  Perhaps I should actually use the word विनिवर्तयेत्, mentioned in 8.165.  The word means nullify.  To use today’s language, such contracts are null and void.

I have been remiss.  I have not made it clear so far.  This entire Chapter 8 goes down item by item, down that list of 18 types of cases.  For example, 8.222 tells us that if there has been a contract to buy or sell some object, that object can be returned within 10 days of the contract.  Beyond 10 days, the object cannot be returned without the payment of a fine. Or take something like a dispute between two villages over a boundary.  8.245 tells us that those disputes should be settled in the month of Jyeshtha.  Why Jyeshtha?  Because it is a summer month and boundaries will be visible then.  You will find quite a bit on tort law too. Manu Smriti is part of the Dharma Shastras and dharma means all kinds of different things. In a very narrow sense, dharma is also about jurisprudence.  There is a lot of it in Chapter 8, as I have indicated.  I wonder how many people know that all this is there in Manu Smriti.