Volume-II, Special Issue, March 2026
Novel Insights A Peer-Reviewed Quarterly Multidisciplinary Research Journal |
Volume-II, Special Issue, March 2026 |
Ancient Indian Legal Thought: Justice and Punishment in the Arthashastra and Its Contemporary Value Ibrahim Ali Mondal, Research Scholar, Department of Sanskrit, Seacom Skills University, Bolpur, West Bengal, India Email: ibrahimali.mondal@gmail.com |
Received: 18.03.2026 | Accepted: 21.03.2026 | Published Online: 31.03.2026 |
Page No: 80-91 | DOI: 10.69655/novelinsights.vol.2.issue.specialW.91 | |
Abstract | ||
From ancient times to the present day, the judicial system has been an indispensable part of society. From the moment unethical activities such as injustice, oppression, and wrongdoing began in society, the necessity of a judicial system was felt in order to protect human civilization and maintain social order. In ancient Indian thought, the king was essentially chosen to protect the subjects and establish justice. On the other hand, the great scholar Kautilya, the author of the Arthashastra, described the judicial process as the “life” of the state. According to him, a state where justice is not established soon moves toward destruction. The primary objective of justice is to ensure the protection of the lives and property of the subjects and to establish social peace by appropriately punishing those who create disorder in society. According to the Arthashastra of Kautilya, references to both civil and criminal judicial systems are found in the Mauryan administrative structure. Separate courts were also established to conduct these two types of judicial processes. In the case of criminal offences, the state itself initiated the judicial proceedings. Many historians have expressed the view that the laws and regulations described in the Arthashastra were later reflected in various ways in the European criminal justice system. Essentially, the state was an indispensable institution for the welfare of the people and the maintenance of social order. During that time, the Arthashastra of Kautilya served as one of the fundamental bases for shaping India as a welfare-oriented state. Keywords: Kautilya, Arthashastra, Justice, Judge, Witness, Punishment, Public, Relevance, Manusmriti, Yajnavalkya. | ||