YAJNAVALKYA

 THE IMPORTANCE OF YAJNAVALKYA LIES IN THE

ARRANGING OF THE MATERIALS OF THE MANUSMRITI IN
MORE CONCISE AND THE SYSTEMATIC AND CONCISE
FASHION.
 HIS BOOKS IS COMPOSED OF THREE PARTS WHICH
CONTAINS RULES REGARDING THE THREE MAJOR
CATEGORIES OF THE INDIAN LAW---PROPER
CONDUCT(ACARA),EXPIATION(PRAYASCHITA) AND
CRIMINAL LAW(VYAVAHARA).
 HE WAS FIRST TO MENTION SPECIFICALLY THREE
POPULAR COURTS,NAMELY KULA,SRENI AND PUGA
ARRANGED IN THE ASCENDING ORDER OF
IMPORTANCE,THE KULA BEING THE LOWEST COURT FOR
ARBITRATION IN SMALL MATTERS.WITH THESE COURTS
WE MAY WELL COMPARE THE VILLAGE ,CASTE AND THE
FAMILY PANCHAYATS OF THE MODERN TIMES.
 HE DESCRIBES SYSTEMATICALLY THE PROCESS OF JUDICIAL
PROCEDURE.
 HE SAYS THERE ARE FOUR STAGES IN A LAWSUIT BUT DOES NOT
MENTION THEM BY NAME.
 THE LAW GIVER FAVOURS WRITING DOWN OF THE PLAINTS APPARENTLY
FIRST WHEN HE COMPLAINS AND AGAIN IN THE PRESENCE OF THE
DEFENDENTS WHEN HE APPEARS WITH THE PARTICULARS ABOUT THE
TIME AND THE DESCRIPTION OF THE DEFENDENTS.
 ANY SERIOUS DISCREPENCY BETWEEN THE COMPLAINTS AS ORIGINALLY
LODGED AND THE PLAINTS AS RECORDED IN THE PRESENCE OF THE
ADVERSERY MAY PROVE FATAL TO THE CAUSE.
 NO COUNTER-CLAIM OR COUNTER CHARGE WAS ALLOWED TILL THE
PLAINTS WAS DISPOSED OFF.IN EXCEPTIONAL CASES LIKE THAT OF THE
VIOLANT CRIMES ,COUNTER CHARGE WAS ALLOWED.
 AGAIN NO COMPLAINTS AGAINST THE ONE WHO IS ALREADY UNDER THE
CHARGE WAS ALLOWED.
 IN SERIOUS CASES INVOLVING THE WOMEN,THE PARTIES HAD TO PLEAD
WITHOUT THE LOSS OF TIME
 ACCORDING TO HIM ,EVIDENCE OR THE MODE OF PROOF
WAS THREE-FOLD---DOCUMENTS,WITNESSES AND THE
POSSESSION.TO THIS,HE ADDS ORDEAL ALSO.
 HE CONSIDERS A DOCUMENT WRITTEN BY THE
EXECUTANT HIMSELF AS MORE AUTHORITATIVE EXCEPT
WHEN IT IS CAUSED BY THE FORCE OR FRAUD.
 A DOCUMENT WAS EXPECTED TO BE PRECISE,DETAILED,
AUTHENTIC AND SIGNED BY THE WITNESSES.
 BUT THE DOCUMENT TRANSFERRED TO ANOTHER
COUNTRY,SPOILT,MUTILIATED AND CONTAINED ILLEGAL
SCRIPTS WAS CONSIDERED AS INVALID.
 THE TRAIL WAS BASED MAINLY ON THE
DISPOSITION OF THE
WITNESSES.ACCORDING TO HIM
AWITNESSES SHOULD BE
RELIGIOUS,GENEROUS,DESCENDED
FROM A RESPECTABLE FAMILY.
 AS FOR THE POSSESSION ,HE WAS OF
THE VIEW THAT TITLE PREVAILS OVER
POSSESSION UNLESS THE LATTER BE
HEREDITORY.
 HE ALLOWS POPULAR USAGE TO PREVAIL WHEN THERE IS
DISAGREEMENT AMONG THE LAW CODICS.SACRED LAW MUST BE
COMPROMISED WHEN IT IS OBJECTIONABLE TO ALL THE
PEOPLE.THE KING MUST RESPECT THE LAWS AND THE CUSTOMS
OF THE CONQUERED COUNTRY.THE KING’S DECREE IS NOT LAW
UNLESS IT COMPLIES WITH THE BASIC NORMS OF RELIGIOUS
AND SECULAR LAW.
 HE LAID GREATER EMPHASIS ON THE CIVIL LAW.REGARDING THE
LAW OF DEBT,OUR LAW GIVER CLOSELY FOLLOWS MANU.ON A
DEBT SECURED BY A PLEDGE HE ALLOWS AN INTEREST OF
1.25% PER MONTH,WHILE IN OTHER CASES 2,3,4, AND 5%
INTEREST IS PERMITTED.
 HE RECOMMENDED HIGH RATES OF INTEREST---10% AND 20%
UPON PERSONS WHO TRAVEL THROUGH FORESTS AND THOSE
TRAVEL BY SEA.
 HE IDINOT FAVOUR USURY.
 HE COROBORATES WITH TH E BRIHASPATI IN THE CASE OF LAW
OF PARTITION AND INHERITANCE.
 AS REGARDS TO LAW OF PARTITION AND INHERITANCE ,HE ALLOWS
EQUAL SHARE TO BOTH THE FATHER AND SONS IN THE PROPERTY OF
THE GRANDFATHER,WHILE THE SON CAN CLAIM THE SHRE IN THE
PROPERTY OF HIS FATHER WITH HIS CONSENT ONLY.
 HE IS FORTHRIGHT CONCERNING THE PENAL LAW. ACCODING TO HIM IF
THE ABUSED RETURNS THE ABUSE ,ONE WHO IS STRUCK RETURNS THE
BLOW,AND ONE WHO IS ATTACKED KILLS THE ASSAILANT,HE COMMITS
NO OFFENCE.ONE WHO IS INJURES HAD TO MEET THE EXPENSES OF
CURING THE WOUNDS.
 IN PRESCRIBING THE PUNISHMENT FOR THEFT OR VIOLENCE,HE IS
CONCERNED MORE WITH THE GRAVITY OF THE OFFENCE THAN WITH THE
CASTE OF THE OFFENDER.
 ACCORDING TO BRIHASPATI,A DECISION SHOULD NOT BE GIVEN MERELY
RELYING ON THE TEXT OF THE SHASTRAS.WHEN CONSIDERATION OF
THE MATTER IS DIVORCED FROM REASON AND COMMONSENSE,LOSS OF
DHARMA RESULTS.A THIEF IS HELD TO BE NOT A THIEF AND A GOODMAN
IS HELD TO BE WICKED ONE IN A JUDICIAL PROCEEDING NOT ARRIVED
AT WITH PROPER REASONING.THE SAGE MANDAVYA WAS HELD TO BE
THIEF BECAUSE OF THE DECISION BEONG ARRIVED AT WITHOUT PROPER
REASONING.
 SIX KINDS OF STREEDHANA ARE PRESCRIBED BY
YAJNAVALKYA.THEY ARE:
 1)GIFTS GIVEN BY FATHER,MOTHER,THE HUSBAND OF THE
BROTHER.
 2)GIFTS RECEIVED AT THE NUPTIAL FIRE
 3)GIFTS RECEIVED AT HER HUSBAND’S MARRIAGE WITH
ANOTHER WIFE.
 4)GIFTS RECEIVED BY HER KINDRED
 5)BRIDAL PRICE
 6)GIFTS RECEIVED SUBSEQUENT TO THE MARRIAGE.
 WOMEN HAS ALL PROPERTY RIGHTS OVER STRIDHANA.IF
THE WOMEN DIED WITHOUT ANY ISSUE,IT WAS
INHERITED BY HER HUSBAND OR HER PARENTS.
 HE PRESCRIBES FOUR TYPES OF PUNISHMENTS LIKE GENTLE
ADMONITION,HARSH REPROOF,FINE AND CORPORAL PUNISHMENT.
 HE ADVISES THE KING TO PUNISH HIS KITH AND KIN IF THEY FELL FROM
THE PATH OF LOVE.
 WHEN THE OFFENCE HAS BEEN COMMITTED FOR THE FIRST TIME ,A
CUTPURSE OR OPENER OF KNOTS OF CLOTH,SHOULD HAVE LITTLE
FINGER AND THUMB CUT OFF:ON THE SECOND OFFENCE HE SHOULD BE
DEPRIVED OF A HAND OR A FOOT.
 THE HIGHEST AMERCEMENT IS PRESCRIBED FOR ONE WHO KNOWINGLY
OFFERD HELP TO A THIEF
 BANISHMENT IS PRESCRIBED AS A PUNISHMENT FOR OFFICERS
ACCEPTING BRIBES,BRAHAMANS GIVING THE FALSE EVIDENCE,FOR
TRANSGRESSING THE RULES AND REGULATIONS OF CORPORATE
ORGANISATIONS.
 CAPITAL PUNISHMENT IS PRESCRIBED FOR THE DESTRUCTION OF THE
EMBANKMENT.
 DEATH SENTENCE BY BURNING IS PRESCRIBEDFOR CONDEMNED
CRIMINALS,WHILE WICKED FEMALES WERE TO DROWNED TO DEATH FOR
THEIR OFFENCES.
 HE WARNS AGAINST LETTING A CRIME
GO UNPUNISHED REGARDLESS OF THE
STATUS OF THE WROMGDOER.
 PUNISHMENT MUST BE RELATIVE TO THE
CIRCUMSTANCES AND THE NATURE OF
THE CRIME.YET HE HOLDS THAT THE
PUNITIVE MEASURES MUST CONFORM
STRICTLY TO THE SACRED WRITINGS.THE
KING MUST BE JUST AND IMPARTIAL IN
AWARDING PUNISHMENT.