By;

Dr.U.N.Prasad
Prncipal
S D M College Of Ayurveda
Kuthpady-574118.Udupi
Karnataka,India.
 The origin of this science probably
dates back that period when early man started
living in communities. That means, it is from
the date of early civilization. The word
civilization tells us about two things-
1] Living comforts
2] Social security.

The former led to various inventions

and the later led to framing of regulations.
 During the early days, these regulations
were very primitive and mostly confined to certain
hamlets. But planets moved several thousand times
around the Sun. kingdoms were developed and
king became the ruler of the society. On the other
hand people had the definite discrimination between
do's and dont's.
• Concept of Dharma evolved and it became the
basis of administration of law. Concept of
responsibility is also embedded in Dharma.
Technical meaning of responsibility is 'to discharge
or not to discharge duties as the circumstances may
be'- that means doing the work which one should do
and not doing such acts which one should not do.
 In other words, Dharma is living according to
the socially accepted norms and Adharma is
behaving against to such norms. Aihika Dharma and
Pararamarthika Dharma are worth mentioning here.
Aihika Dharma refers to following the regulations of
the society whereas Paramarthika Dharma refers to
religious practices. The word Dharma has entered
the lexicon of the English language. Oxford
Dictionary has it as –
• - right behavior
• - the law
• - custom
• - decree.
 Since when people started living
according to Dharma ?

 In some places in Rigveda it is mentioned

'Sanatana Dharmani’. Rigveda itself is the
humankind's earliest literature. Even thinkers in the
period of Rigveda was referring to sanatana dharma
means living according to Dharma was more antique
than Rigveda. As already referred, man started living
in the communities, King was the ruler of the society
and concept of Dharma had evolved, means, definitely a
system of administration of justice came to existence.
 Even during the period of Manu distinction
between the civil litigation and criminal offense
was clearly known. The cases were heard in the
king's court. King was the rule-maker of the state
along with the council of ministers. But king had
no authority to amend the regulations of Dharma.
He was not allowed to influence over the case.
 In Manusmruti the law court is called
'Sabha‘* The Sabha consisted of one chief justice,
three juries, and, the king. There used to be a
council called 'Vrudha' for the general supervision
of the judiciary** The court used to decide the case
according to the available evidences. Importance
of evidence and importance of oath was clearly
known.***


 * - Manusmruti ch 8 ** - Manusmruti-8/17 *** - Manusmruti-
8/109
 Reasons for narrating the falsehood by the
witness are- fear, love and affection on the accused,
anger, not knowing the details of the case and not
properly understanding the questions*. Such
witness was liable for punishment.

 * - Manusmruti- 8/118
 There was a provision for re-opening of an
already heard case in doubtful circumstance if the
accused has won the case in one court due to
weak evidences, he can be tried in another court
when evidences are available.*
 If the wrong judgment is given in a case,
then the responsibility of that sin used to be on –
 1.the accused,
 2.the witness,
 3.the council of juries, and,
 4.the king **

•
*- Manusmruti-8/117 **- Manusmruti-8/18
 The king was also not free from the legal
bondages. If the king impose penalty on an
innocent, then, public can impose thirty times of
the imposed penalty on the king.The primary
duty of the Sabha was to preserve Dharma.

 *- Kautilya Arthashastra-4-88-13
 We find frequent mention of the words
‘Saahasa’ and ‘Dandapaarushya’ in Manusmruti and
Arthashastra. Chanakya has dealt in detail about
these. In Monier- Williams Sanskrit-English
dictionary meanings of ‘Saahasa’ are- violence, force
,rape, robbery and adultery. One of the meaning of
‘Dandapaarushya’ is harsh punishment. For different
types of offenses different punishments are suggested.
•

The persons suffering from insanity were

exempted from certain criminal responsibilities.
For example, trespassing by an insane person
was not considered as an offence.* An insane
person was not given the heirship of the
property as he cannot manage the property.**

* - Kautilya Arthashastra-4-88-13 ** - Kautilya Arthashastra-3-69-5

 Feigned insanity
 If a person commits a crime and afterwards he
himself says that the act was committed due to insanity
or not knowing the consequences, he was made
responsible for that act.
 Consent for sexual intercourse:-
 Having sexual intercourse was prohibited as
the consent given by her is not valid.*

 * - Kautilya Arthashastra-3-69-5
 Reference about criminal abortion is
available in Kautilya Arthashastra.* If criminal
abortion is induced by beating on the abdomen, it
was attracting severe punishment, If it is induced
by giving medicines, it was an offense of middle
category, if induced by putting the woman into
physical strain then it was a severe crime.

* - Kautilya Arthashastra-4-86-11
 Killing another person by giving poisons was a
principle crime attracting capital punishment.*
Examination of food ,drinks and other
substances contaminated with poision is
explained in Ashtanga Hrudaya. Acharya
Vagbhata has described the method of
identifying the person responsible for criminal
poisoning.

*- Kautilya Arthashastra-4-86-11
 Girl aged above 12 years and boy aged above
16 years was considered as adults. If they violate
the law after attining the majority, then they
were responsible for their acts.*

* - Kautilya Arthashastra-3-2-59
 Sexual offenses are dealt in Arthashastra in
the chapter Kanyaprakarma.* It was a severe
offence to have the carnal knowledge with a girl
before menarche. In the event of death of the victim
in such circumstances, death penalty was imposed
to the criminal.
• Rape :- Sexual intercourse against the will of the
woman was prohibited. Forceful intercourse with a
prostitute or daughter of a prostitute was seriously
considered.** When many persons commit rape on
a woman, then all are guilty.***

• *-Kautilya Arthashastra-4-82-12 ** - Kautilya Arthashastra-4-88-13

• *** - Kautilya Arthashastra-4-82-12
 Vasishtha Dharmashastra
proposes punishment to those who oppose
restoration of victim of rape in the society. It is
the duty of the society to restore the status of the
victim of rape. Anybody who opposes the
restoration of the status of rape victim in the
society is as much a criminal as a rapist himself.*

* - Vasishtha Dharmashastra 28 verses 2&3

• It appears that even in the period of
Chanakya false accusation of rape might have been
reported. That is why he states that if any woman
smears blood of other origin on her clothes for the
purpose of bringing accusation upon a man, then
she should be punished.*

• * - Kautilya Arthashastra-487-12
• If there are any accomplices in a case of
sexual offense, then they are also equally
responsible.*

* - Kautilya Arthashastra-4-87-12
 Kidnapping a girl for the purpose of sexual
intercourse was a severe crime.*

• * - Kautilya Arthashastra-4-82-12
 Sexual perversions were prevailing in
those days also. If any person practices sodomy
or oral sex then he was responsible for that act
and it was a punishable offense. Bestiality was
also prohibited by law. There were incidences of
committing sexual act on idols of Gods. It was an
offense.*

* - Kautilya Arthashastra-4-88-13
 Sexual intercourse with blood relatives was
prohibited. It was considered as punishable
offense.*
• Rigveda prohibits marriage between blood
relatives.(present law in India does not consider
incest as an offense when both parties are above
the age of consent and consent is given).

• * - Kautilya Arthashastra-4-88-13
• We can find first references about the
examination of the dead body in Arthashastra.
Chanakya has devoted one full chapter for this-
Ashumruthaka pareekhsha.* The meaning of
ashumrutaka means recent death of a person not
due to disease, sudden death.

* Ashumruthaka pareekhsha-4-82-7
 Some of the descriptions he has given are —
• a) Examination is to be done by immersing the
body in oil.
• b) If there is escape of urine and feces, abdomen is
distended, swelling in the extremities, wide open
eyes and marks on the throat, then death is due to
throttling.
• c) Swelling in the extremities, protruded eye balls
and elevated umbilicus suggests death due to
hanging.
• d) Protruded eye balls and rectum, teeth-bite
marks in the tongue and distension of the abdomen
is in death due to drowning.
• e) Scattered injuries on the body suggests death due
to falling from a height.
• f) Blackish discoloration in the extremities, teeth and
nails, abnormal skin and hair and froth in the mouth
suggests death due to poisoning. Along with these
signs, a bleeding teeth bite mark is also present, then
the death is from poisonous animal bite.
• g) A piece of heart is to be put into fire. If death is
due to poisoning it burns with crackling sound emits
smoke in rainbow colors.
• h) The above test can be conducted even in the half
burnt body recovered from the pyre.
 i) In cases of death due to suspected poisoning,
remaining food is to be tested in milk. some
commentators opine that food in the stomach is to be
tested. In Astanga Hridaya we find detail description
of examination of food drinks and other articals
contaminated with poison.*

• *- A.H.S.7th Chapter
 The duties and responsibilities of the
physicians is not dealt in detail in the treatises
written before Charaka Samhita. There are
scattered references in Kautilya Arthashastra.
Acharya Charaka explains codes of conducts of the
physician. Therefore Charaka Samhita is the origin
of Medical Ethics .

1) Qualities of a Physician:- Acharya Charaka has

explined this in different contexts. Qualities of
ideal physician and qualities of excellent physician
are described.
• Qualities:- A physician should have good medical
knowledge, extensive practical knowledge,Capability
and purity. These are the four basic qualities of a
physician.* He must be always engaged in the
studies of medicine. He must be capable of practical
application of his knowledge. Then only he is called
‘Pranabhisara vaidhya’ or savior of life.** An
‘excellent’ physician will have six qualities-
Knowledge, critical approach, Knowledge of allied
sciences, good memory, commitment and
promptness. ***

• * - Charaka Samhita Su 9/6 **- Charaka Su 9/18 *** - Charaka Su

9/21
• b) Quackery :- The quackery in the field of medical
practice was condemned. Treatment given by a
quack is like ‘blind man walking with his hands’ or
‘a boat being sailed by the wind’. Such a physician
may cure some patients by chance, but all the
patients under his care may not be lucky.

• * - Charaka Su 9/15-17
• c) Relationship with patients :- Physician should be
sympathetic and kind to all patients. He must make
all efforts to cure the curable diseases .* It is implied
that whoever chooses this profession is of
compassion for the people and not to earn wealth.**
He has to treat all his patients as his children, he
should take care of their health.***

 * - Charaka Su.9/26. ** - Charaka Chi.14/58. *** - Charaka Chi.1-

4/56
•
2) Notification :- It is very clearly mentioned in
Arthashastra that in all circumstances of treating a serious
patient, physicians first duty was to inform this to the kings
administration. If he fails to do so and death of such patient
occurs, physician was criminally responsible. If death of a
patient occurs due to improper treatment, he was liable for
punishment. If the improper treatment was leading to any
physical deformity, he was responsible criminally.*
• Acharya Charaka advises the physicians to have the
knowledge of curable and incurable conditions and also to
start the treatment in time for curable diseases. If not it leads
to loss of wealth, fame and he will be subjected to Royal
sanctions and punishments.**

• * - Kautilya Arthashastra 4-76-1 ** - Charaka Su.10/7-8

 A well defined system of administration of law
was existed in ancient India. The judiciary was
independent. Dharma was supreme and judiciary
was based on Dharma. Dharma has the importance
only when Adharma has the existence. By
controlling Adharma security and peace in the
society can be achieved. Law is required when there
are illegal activities. The question is how much
methodically and effectively the law was framed
and administered.
 Recalling the aspects of this great
heritage that belongs to all of us, not with a purpose
to look back for the purpose of glory, but towards
drawing lessons and guidelines with a view to the
future.
 Dharma eva hato hanti dharmo rakshati rakshitah :
Tasmat dharmo na hantavyo ma no dharmo hato
avvadhit:

 - Manusmriti 8/15
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