📘 1. Arthashastra by Kautilya (c.

4th century BCE)

🔹 Authorship: Traditionally attributed to Kautilya (also known as Chanakya or Vishnugupta), the

chief advisor of Emperor Chandragupta Maurya.

🔹 Nature & Purpose:

 A comprehensive treatise on political science, economics, military strategy, and law.

 Written as a manual for rulers to maintain order, prosperity, and state control.

🔹 Legal Features:

 Covers criminal law, civil law, marriage, property, contracts, and inheritance.
 Defines law as a tool of governance, emphasizing justice, deterrence, and pragmatism.
 Encourages use of spies, intelligence, and strategic diplomacy.
 Recognizes state power over religious or moral authority.

🔹 Structure:

 Contains 15 books, 150 chapters, over 6,000 sutras (verses).

 Examples:
o Book III: Law (Vyavahara)
o Book IV: Suppression of Criminals
o Book IX: Civil Law & Economics

🔹 Legacy:

 Rediscovered in 1905 after being lost for centuries.

 Offers rare insight into Mauryan legal and administrative systems.

📘 2. Manusmriti (Laws of Manu) – c. 200 BCE to 200 CE

🔹 Authorship: Attributed to Manu, the mythical lawgiver. Likely compiled by Brahmin scholars.

🔹 Nature & Purpose:

 A Dharmashastra – outlines moral, social, and religious duties (dharma) of individuals based on
varna (caste) and ashrama (life stage).

🔹 Legal Features:

 Describes rules for:

o Social conduct
o Criminal punishment
o Women and marriage
o Inheritance and property
o Ritual purity
 Strongly hierarchical – supports caste system and patriarchal control.
 Law enforcement based on karma and cosmic order, not the modern state.

🔹 Structure:

 12 chapters, ~2,600 verses

 Chapter 8 deals specifically with legal procedure and punishment
🔹 Legacy:

 Heavily influential in medieval Hindu law and colonial interpretations.

 Criticized today for its treatment of women and lower castes.
📘 3. Yajnavalkya Smriti (c. 3rd to 5th century CE)

🔹 Authorship: Attributed to Yajnavalkya, a sage; likely compiled by scholars in northern India.

🔹 Nature & Purpose:

 A more systematic and secular Dharmashastra than Manusmriti.

 Focuses more on judicial processes, inheritance law, and practical governance.

🔹 Legal Features:

 Divided into three parts: Āchāra (conduct), Vyavahāra (legal procedure), and Prāyaścitta
(penance).
 Defines king’s role as supreme judge, guided by law.
 Recognizes rights of women in inheritance more liberally than Manusmriti.

🔹 Structure:

 Around 1,000 verses, concise and clear.

 Part II: Legal procedure, evidence, witnesses, courts, contract disputes

🔹 Legacy:

 Basis for later commentaries like Mitakshara, which deeply influenced Hindu law.
 Regarded as more rational and equitable than Manusmriti.
📘 4. Narada Smriti (c. 5th century CE)

🔹 Authorship: Attributed to sage Narada, but likely compiled by jurists or scholars over time.

🔹 Nature & Purpose:

 A specialist legal text, focusing exclusively on jurisprudence.

 Intended as a judicial manual for judges and courts.

🔹 Legal Features:

 Covers:
o Legal disputes and procedure
o Role of judges
o Types of evidence (documentary, oral, divine)
o Contracts, debts, marriage disputes
 Narada says “dharma must be administered impartially”, showing early signs of legal
impartiality.

🔹 Structure:

 ~1,000 verses
 Focuses solely on Vyavahāra (legal procedure)

🔹 Legacy:
  Highly influential in ancient and medieval judicial systems.
 Used by Hindu courts and referred to in commentaries and legal digests.
📘 5. Later Commentaries – e.g., Mitakshara (c. 11th century CE)

🔹 Mitakshara by Vijnaneshwara:

 A commentary on Yajnavalkya Smriti

 Composed in Karnataka under the Chalukya dynasty

🔹 Legal Focus:

 Detailed exposition on inheritance, succession, and property law

 Became one of the two main schools of Hindu law (the other is Dayabhaga in Bengal)

🔹 Legacy:

 Adopted by colonial British courts when applying Hindu personal law.

 Influenced modern Hindu Succession Act (1956) in post-independence India.
️Summary Timeline
Law Text Date Main Focus
Arthashastra c. 4th century BCE Political law, criminal justice, economy
Manusmriti 200 BCE – 200 CE Dharma, caste law, punishment, social rules
Yajnavalkya Smriti 3rd – 5th c. CE Civil law, procedure, inheritance
Narada Smriti 5th century CE Legal procedures, evidence, judicial conduct
Mitakshara 11th century CE Commentary on inheritance and Hindu law

📜 MODERN CODIFIED LAW IN INDIA — CHRONOLOGICAL DETAIL

1. Regulating Act of 1773

 Significance: First step toward a unified legal system in India.

 Established: Supreme Court of Judicature at Fort William, Calcutta (1774).
 Why Important: Introduced British legal traditions, judicial procedures, and the beginning of

English law in India.

2. Indian Judiciary Act, 1781

 Purpose: Resolved conflict between British courts and Indian subjects.

 Effect: Limited the jurisdiction of the Supreme Court over Indians following Hindu and Muslim
personal laws.
 Marked early recognition of plural legal systems (Hindu, Muslim, British).

3. Charter Act of 1833

 Key Development: Creation of the First Law Commission under Lord Macaulay.
 Objective: Uniform codification of Indian laws, moving away from scattered religious and regional
laws.
 This led to a series of formal legal codes.
4. Indian Penal Code (IPC), 1860

 Drafted by: Lord Macaulay and Law Commission (1834–1837).

 Came into Force: 1862.
 Purpose: Define crimes and prescribe punishments.
 Importance: First secular, uniform, and comprehensive criminal code for India.
 Still in use, but scheduled to be replaced by Bharatiya Nyaya Sanhita, 2024.

⚖️5. Code of Criminal Procedure (CrPC), 1861 / 1973

 Initial Version: 1861, revised multiple times.

 Modern Version: CrPC, 1973.
 Purpose: Prescribes the procedure for investigation, trial, and punishment in criminal cases.
 Works alongside the IPC.

⚖️6. Indian Contract Act, 1872

 Purpose: Codified rules for agreements, contracts, liabilities, and damages.

 Divided into:
o General Principles (applicable to all contracts)
o Special contracts (bailment, pledge, agency)
 Importance: Basis of commercial law in India.

⚖️7. Indian Evidence Act, 1872

 Drafted by: Sir James Fitzjames Stephen.

 Purpose: Standard rules of admissibility of evidence, cross-examination, burden of proof, etc.
 Applied uniformly to civil and criminal trials.

⚖️8. Specific Relief Act, 1877

 Purpose: Legal remedies for non-performance of duties.

 Covers injunctions, rectification, rescission, and specific performance of contracts.
 Updated in 1963.

⚖️9. Transfer of Property Act, 1882

 Purpose: Governs sale, lease, mortgage, gift, exchange of property.

 Provides a uniform law of immovable property.

⚖️10. Indian Easements Act, 1882

 Codifies rights like right of way, light, air, and water over another's property.

⚖️11. Indian Trusts Act, 1882

 Governs private trusts, trustee duties, and beneficiary rights.

  Public charitable trusts were governed separately.

⚖️12. Negotiable Instruments Act, 1881

 Covers promissory notes, cheques, and bills of exchange.

 Makes bouncing of cheques a criminal offense under Section 138.

⚖️13. Partition Act, 1893

 Deals with legal procedures for division of jointly held property.

⚖️14. Companies Act, 1913

 Modeled on UK Company Law.

 Governed formation, functioning, and dissolution of joint stock companies.
 Later replaced by Companies Acts of 1956 and 2013.

15. Government of India Act, 1935

 Most important pre-independence constitutional document.

 Provided federal structure, legislative lists, provincial autonomy.
 Formed the basis for the Constitution of India.

🇮🇳 POST-INDEPENDENCE CODIFICATION (After 1947)

16. Constitution of India (1950)

 Adopted on 26 January 1950.

 India became a sovereign democratic republic.
 Lays down:
o Fundamental rights & duties
o Directive principles of state policy
o Structure of government
 Supreme law of the land.

⚖️17. Hindu Code Bills (1955–56)

 Codified Hindu personal law:

o Hindu Marriage Act, 1955
o Hindu Succession Act, 1956
o Hindu Minority and Guardianship Act, 1956
o Hindu Adoption and Maintenance Act, 1956
 Brought gender reforms in inheritance and marriage.

⚖️18. Indian Companies Act, 1956 / 2013

  Replaced the 1913 Act.
 The 2013 Act modernized corporate governance, finance, and compliance.

⚖️19. Criminal Law (Amendment) Acts (1973, 2013, 2023)

 Reforms in laws related to rape, harassment, acid attacks, etc.

 Post-Nirbhaya Case (2012): 2013 Amendment increased penalties and defined new crimes.

⚖️20. Right to Information Act (RTI), 2005

 Ensures transparency and accountability in government.

 Citizens can request public information from government offices.

⚖️21. New Criminal Codes, 2023 (Coming into effect in 2024)

 Replacing colonial laws:

o Indian Penal Code (IPC) → Bharatiya Nyaya Sanhita, 2023
o Code of Criminal Procedure (CrPC) → Bharatiya Nagarik Suraksha Sanhita, 2023
o Indian Evidence Act → Bharatiya Sakshya Adhiniyam, 2023
 Focuses on victim rights, digital evidence, and Indian values.

📅 Summary Table: Modern Codified Laws Chronologically

Year Law/Act Focus Area
1773 Regulating Act Judicial setup (Calcutta SC)
1833 Charter Act First Law Commission
1860 Indian Penal Code Criminal offenses
1861–1973 Code of Criminal Procedure Criminal procedure
1872 Indian Evidence & Contract Acts Evidence & commercial agreements
1882 Transfer of Property, Easements Acts Property & usage rights
1913 Companies Act Corporate law
1935 Government of India Act Constitutional governance
1950 Constitution of India Supreme law of the land
1955–56 Hindu Code Bills Personal law codification
2005 RTI Act Citizen’s right to information
2023–24 New Bharatiya Criminal Codes Indianized, updated criminal law

Difference Between Ancient and Modern Codified Law in India

Aspect Ancient Codified Law Modern Codified Law
Time Period c. 1500 BCE – 11th century CE 1860 (British period) onward to present
Manusmriti, Arthashastra, Yajnavalkya Indian Penal Code (1860), Contract Act
Examples
Smriti, Mitakshara (1872), Constitution (1950)
Dharma (moral/religious duty), caste,
Basis of Law Secular legal principles, equality before law
customs
British legal system, Indian Constitution,
Source Vedas, Smritis, religious texts, customs
legislative acts
Nature of Law Religious, moral, caste-based Rational, universal, based on human rights
 Aspect Ancient Codified Law Modern Codified Law
Written in Sanskrit, often poetic, Written in English (later translated),
Codification Style
shastra-style structured sections
Varied by caste, gender, region, Uniform for all citizens, regardless of caste or
Applicability
religion religion
Judicial Authority Priests, kings, and councils Judges, courts, and tribunals
Improved significantly under modern law
Women’s Rights Severely limited (e.g., Manusmriti)
(e.g., Hindu Succession Act)
Based on evidence, trial, proportional
Criminal Law Based on sin, karma, and retribution
punishment
Change & Dynamic, regularly amended through
Static, rarely updated
Adaptability legislation
Legal Enforcement Often informal or community-based Formal courts, police, legal procedures
Legal
Shastras, oral traditions, manuscripts Codified acts, statutes, gazettes
Documentation

Summary in Simple Terms:

 Ancient laws were based on religion, customs, and social hierarchy.

 Modern laws are secular, rational, and democratic, aiming to treat everyone equally.

In Ancient Codified Law in India, while there were many principles of governance, justice, and societal
order laid out through various religious texts, customs, and smritis, they were lacking in several aspects
that are crucial for a modern, formal legal system. Here’s a breakdown of what was lacking in ancient
codified law to make it a true comprehensive law as we understand today:

1. Secular Nature

 Ancient Law: Laws were deeply intertwined with religion and spiritual beliefs. They were based
on dharma (moral or religious duty) rather than reasoned principles.
o Example: Manusmriti is a religious text and mixes religion, morality, and legal principles.
 What was Lacking: There was no clear separation between religion and state law, which is
foundational for a modern legal system.

2. Uniformity and Applicability

 Ancient Law: The laws were not uniform across the entire population. They were based on caste,
gender, region, and religion. People from different castes or communities had different sets of rules.
o Example: Manusmriti and Yajnavalkya Smriti provide different sets of laws for Brahmins,
Kshatriyas, Vaishyas, and Shudras, and there were different rules for men and women.
 What was Lacking: A universal legal code that applied equally to all citizens, irrespective of their
background.

3. Clear Legal Framework

 Ancient Law: While there were written texts like the Arthashastra and smritis, these were often
more philosophical, moral, or prescriptive rather than detailed legal codes.
 o Example: The Arthashastra by Kautilya is more of a political treatise than a codified law
book.
 What was Lacking: A systematic, structured legal framework with well-defined rules and
enforcement mechanisms.

4. Enforcement Mechanism

 Ancient Law: Enforcement of laws was based on the authority of kings, priests, and local councils.
There was no formal legal infrastructure such as courts, judges, or police forces as we know them
today.
o Example: The king was often the supreme judge, and punishment was arbitrary or based on
the king's discretion.
 What was Lacking: A formalized judicial system with independent courts, law enforcement,
and institutionalized procedures.

5. Clarity and Precision

 Ancient Law: Laws were often broad, vague, and sometimes inconsistent. For example, the concept
of dharma varied greatly and depended on the individual's caste, family, and situation.
o Example: The law on inheritance was not fixed; it often depended on the interpretation of
smritis by local rulers or priests.
 What was Lacking: Clarity and precision in legal rules, leading to confusion in implementation
and injustice.

6. Protection of Fundamental Rights

 Ancient Law: There was no concept of individual rights, equality, or personal freedoms as we
understand them today.
o Example: In Manusmriti, women had fewer rights and were largely considered subordinate
to men, with severe restrictions on their autonomy.
 What was Lacking: Basic human rights or fundamental freedoms such as equality before the
law, protection against discrimination, and freedom of speech.

7. Adaptability

 Ancient Law: The legal system was based on ancient texts, which were rarely updated. Social,
political, and economic changes did not lead to legal reforms.
o Example: The Manusmriti was written around 200 BCE to 200 CE, and remained a
dominant legal framework for centuries, without major revisions.
 What was Lacking: A dynamic, evolving legal system that could adapt to changing societal needs,
like laws for new social, economic, or technological developments.

8. Institutionalized Legal Processes

 Ancient Law: Legal proceedings were often informal, with little or no standardized procedures
for resolving disputes. There were no professional lawyers, judges, or courtrooms.
o Example: Village councils or local rulers would arbitrate disputes, often based on customs
or personal judgment.
  What was Lacking: Formal legal procedures, such as trial processes, legal representation,
evidence collection, and appeals.

9. Clear Punishments and Crime Classification

 Ancient Law: Punishments were often severe and discretionary, such as corporal punishment,
banishment, or even death for a variety of offenses. Crime was often associated with sin or karma,
and punishment was not always proportional.
o Example: The Arthashastra suggests harsh punishments for criminals, sometimes including
physical torture, which were seen as ways to ensure moral order.
 What was Lacking: A proportional and rational system of punishment based on the severity of
the crime, with due process to ensure fairness.

10. Codification and Consistency

 Ancient Law: Legal principles were often scattered across various texts and were not
systematically codified into a single, consistent body of law.
o Example: Laws were spread across various texts like Manusmriti, Arthashastra,
Yajnavalkya Smriti, Kautilya’s Danda Neeti, and other regional customs.
 What was Lacking: Comprehensive codification where all laws are consolidated and organized
systematically for easy understanding and implementation.

🧩 Conclusion: What Was Lacking in Ancient Codified Law?

 Secularism and universality — laws were not impartial or applicable to all.

 Clarity and consistency — laws were vague and often contradictory.
 Enforcement mechanisms — no formal judicial or police systems.
 Adaptability — laws did not evolve with time or changes in society.
 Human rights protection — individual rights were often ignored or severely limited.
 Professional legal processes — no system of standardized trials or legal representation.

The concept of Ancient Codified Law in India is not a myth, but rather a reflection of early legal
frameworks that were deeply influenced by religion, customs, and moral principles rather than the
formal, rational legal systems we see in modern times.

Here's a more nuanced perspective:

1. Existence of Ancient Legal Texts

India certainly had written codes and legal texts that acted as a guide for governing society in ancient
times. However, these were not codified in the same way modern laws are.

Some examples of ancient texts that resemble codified legal frameworks include:

 Manusmriti (circa 200 BCE – 200 CE): This is one of the most famous ancient texts that lays down
moral and legal codes of conduct for different sections of society, including laws about inheritance,
caste, marriage, punishment, and social order.
 Yajnavalkya Smriti (circa 100 BCE – 300 CE): Another key text that deals with civil and
criminal law, focusing on governance, marriage laws, and economic matters.
  Arthashastra by Kautilya (circa 4th–3rd century BCE): While not a codified legal text, it’s a
treatise on statecraft, law enforcement, punishment, and governance, which also includes legal
principles related to crime, property, and trade.
 Dharmashastras: These texts, written over centuries, include laws that are more religious and
moral in nature, such as the Apastamba Dharmasutra and the Manusmriti, which provided
guidelines on rituals, duties, and rights of individuals based on their caste and gender.

2. Codified Law vs. Religious Law

What makes ancient laws in India different from modern codified law is that they were not comprehensive
and secular. They were often intertwined with religious beliefs and customs and were based on the idea of
dharma (duty), rather than being based on universal principles or secular ethics.

 Manusmriti, for instance, was more about dharma (moral and ethical duties) rather than the
structured, codified legal systems of modern law.
 Laws were highly region-specific and applied differently based on caste, gender, or family status,
meaning the same laws may have differed significantly between individuals.

3. Informal Enforcement Mechanisms

While there was some form of legal structure (such as king’s courts and local councils in the form of
panchayats), these were not institutionalized or formalized in the way modern courts function. There was
no clear separation of powers between the executive, legislature, and judiciary, nor was there a
professional legal system with lawyers, judges, and police as we know today.

 The king or local chieftains often acted as both the lawgiver and the enforcer of laws.
 Priests and elders also played an influential role in making judgments based on religious texts or
customary laws.

4. Why It Is Not a "Myth"

While these ancient systems were influenced heavily by religion and moral principles, they still served as
a form of law for ancient Indian society. They provided a framework for governance, social order,
property rights, inheritance, and punishments, even though it was far less formalized or systematic
compared to modern legal systems.

 The existence of ancient legal frameworks is backed by historical texts, archaeological findings,
and cultural practices that show early attempts to govern and regulate social behavior.
 Legal codification in ancient India was not as comprehensive or uniform as modern law but did set
a precedent for legal thought.

5. Modern Codified Law: The Transition

With the advent of British colonial rule, India’s legal system began to shift from religious and customary
laws to a modern, secular, and codified system based on British principles of law (starting in the 18th
century). The introduction of acts like the Indian Penal Code (1860), Civil Procedure Code, and the
Indian Evidence Act (1872) marked the transition toward structured, rational, and universally
applicable laws, replacing fragmented systems based on dharma.
Conclusion: Ancient Codified Law Was Real, But Not in the Modern Sense

 Ancient codified laws in India were real, but they were not codified in the formal sense we think
of today. They were influenced by religion and customs and were often applied unevenly across
society.
 The modern codified legal system, as we know it today, began developing during British rule and
was influenced by Western legal frameworks.
 The realization of law as a system of universal principles, equality, and structured legal
processes only came with the adoption of modern law starting in the 19th century and leading to
the Constitution of India in 1950.

In short, ancient legal systems in India laid the groundwork for law but lacked the formal structure,
universality, and adaptability of what we consider modern codified law. They are far from a myth, but
they were more religious and customary frameworks rather than comprehensive, modern legal codes.