Naradaiya dharmasastra

500AD-700 AD

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• This smriti exclusively deals with forensic law,
both substantive and procedural, without any
reverence to self-punishment and other
religious matters.

• Narada was independent in his views and did

not allow himself to be bound by the earlier
texts.

• Narada sastra contains 1028 verses

The Procedural law laid down by this sharstra
contains provisions relating to
Pleading
Evidence (oral and documentary),
Judicial Procedure
Procedure required to be adopted by the
courts or Judicial assembly

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• Evidence
• The court did not allow certain individuals
to lead their evidence ..
• (a) Close friends
• (b) enemies of the parties,
• (c) persons convicted of perjury,
• (d) infants,
• (e) persons tortured by desire (whatever
that may mean),
• (f) thieves, and
• (g) wrathful men.
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• Four bases of legal procedure
• Virtue,
• Judicial proceeding
• Documentary evidence and
• An edict of the king
• “Virtue” it is based on truth
• When both the parties adhere to truth in
their statements, there is virtue
• In such cases, judicial procedure,
documentary proof and a royal edict quite is
unnecessary
• Judicial proceeding has restore truth
• There were four stages of judicial
procedure
• Narada on these points divided the course
of the lawsuit into four parts
• (1) Statement of his case by the plaintiff
or the complainant.
• This was called the puma paksh (the Plaint or
Pratijna);
• (2) The reply of the defendant or the
accused person.
• This was called the uttra paksh (of the
written statement/ Uttara pada);
(3) The actual trial consisting of the taking of
evidence to establish or disprove the case and
the arguments on both sides.
This was named kriya (Proof or Evidence on
behalf of the Plaintiff and Defendant /Kriya
Pada and
(4) The decision or judgment of the court.
which was designed nimeya.

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He also introduced some changes in the laws of
Manu

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In the matter of inheritance
i) Holds that an younger son could become a
karta of a Hindu joint family
ii) Provides two shares to father in his self
acquired property in case of partition.
iii)After death of father, mother gets equal
share with her sons at a partition.
iv) Unmarried daughter takes a share as
younger sons
Regarding law of marriage
i) Holds that a window as well as a wife whose
husband is absconding entitled to remarry
without restrictions.
ii) Fixes age of majority at 16 years
Gambling was made lawful amusement when
carried on in a public licensed gambling house.
The scope and method of
Interpretation of law
Interpretation of law
1500BC-600 BC

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• Rigveda Samaveda Yajurveda Adharvaveda
Brahamanas
Aranyakas
Upanishads
Vedangas
Phonetics , prosody (the study of the structure
of poetry), Grammar, Understanding

Vedic terms
» Astronomy
» Rituals and ceremonies
(Kalpa-sutras)
Srauta sutra
Gruha sutra
Dharma sutra
Dharma Sastras
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Commentaries
Bhashyas

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1. On certain questions the sastras
contained conflicting provisions.
2. On some of the questions, the sastras
were confusing.
3. On certain other matter, sastras were
silent.
4. The language of the sastras were
difficult in certain cases and it required
skillful interpretation.
5. In the absence of an established court of
record.
Commentary is the interpretation of the
Sastas or Samtiris by the scholars.
It also includes the customs and usages which
the commentators found prevailing during
their time.
Commentators have modified the original
texts (Smrities) in order to bring them in
line with the local customs and conditions
Collection of commentaries is called
Digests.

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Men who well versed in
Dharmasastras
Tarkasastra (logic)
Vyakarana ( grammar) stated interpretation of
laws.
Interpreters were not only experts in the science
of interpretation but also they were eminent
logicians.
Written by eminent jurists from time to time with
necessary adaptations to fulfill the
requirements of the changing society.
Interpretation placed by the court officers
based on custom and usage accepted by the
society.
Dharma Sutras and Sastras remained the
basic law, the commentaries writers
introduced some medications according to
their own customs and usage.
With their intellectual caliber and the force of logic
and expression,
they removed the angularities in the old and
hard, rock-like provisions with the aid of
accepted usage and customs and
gave them the required shape to fulfill the
aspirations of the people.
The commentators enlarged the narrow provision of
the Sastras.
Their views on ancient texts became the
contemporary law
This type of development of law could not
uniform, obviously on account of the vastness
of the country, existence of several princely
states and lack of easy and speedy
communications.
The commentators made their contribution to the
development of law in the particular region
where they flourished.
The commentators can be aptly descried as the
architects of Hindu legal system.