Early History of Orissa

SR No.: 006922
Original Sutra Author: N/A
Author: Amarchand Mittal
Publisher: Jain Cultural Research Society
Publication Year: 1957
Total Pages: 506
Language: English
Classification: Book_English
File Size: 9 MB

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AN EARLY HISTORY OF ORISSA tribunals. The first, for the trial of civil suits and quasicriminal cases, where only fines were imposed. It was constituted of three Dharmasthas i.e. Jurists, capable of interpreting the Sacred Laws, and three Amātyas i. e. Judges, capable of administering the King's Laws. The second tribunal was meant for the trial of criminal offences and quasi-civil cases, involving severe punishments as arrest, imprisonment, mutilating of limbs and death sentences. It was constituted of either three Pradeshțris or three Amātyas. In the Vrijji system of administration of justice as described by Buddhaghosha, the King was the highest judiciary of the State, next was the Crown-prince, below him the Sanāpati or Commander-in-Chief, followed by the Atthakulikā or the Tribunal of Eight, the Sūtradhāras, the Vyāvahārikas and the Vinischaya Mabāmātras in descending order.?
The criminal offences, in the case of Asoka's administration, were those which involved arrest, imprisonment and death sentences as punishments. The Rājukas became the final court of appeal since the delegation of the Royal authority in the matter of judgement to them. Further, in the case of a death sentence, three days respite was to be granted for having the judgement reviewed by the Rājukas, as well as allowing the person to die to be prepared for death, in case the appeal failed. In this way, an attempt was made by Asoka to mitigate the rigours of the penal code.
Going by Aśoka's statement, taken in its literal sense we are to understand that the kinsmen (nātikā) of the
1. IV, 2.
2. Sumangala Vilasini, II, p. 519; Rhys David --Buddhist India, p. 22; B, C. L&W---Some Kshatriya Tribes in Ancient Todia, p. 1021; Barua, AHI, Vol. II, p. 250.
3. RE V, PE V; Cf. also McCrindle Ancient India, p. 70.