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Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. [1] [2] [3] Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. [4]
The Constitution of India is the longest written constitution for a country, containing 395 articles, 12 schedules, 105 amendments and 117,369 words.. Law in India primarily evolved from customary practices and religious prescriptions in the Indian subcontinent, to the modern well-codified acts and laws based on a constitution in the Republic of India.
The decision of a case in ancient India was based on eight sources according to brahmanical law givers. These sources are the three Pramanas (possession, documents, and witnesses) logical inference, the usages of the country, sapatha s (oaths and ordeals), the king's edict and admission of the litigants. [ 11 ]
Classical Hindu law is a category of Hindu law in traditional Hinduism, taken to begin with the transmittance of the Vedas [citation needed] and ending in 1772 with the adoption of "A Plan for the Administration of Justice in Bengal" by the Bengal government.
The ancient version of the text has been subdivided into twelve Adhyayas (chapters), but the original text had no such division. [18] The text covers different topics, and is unique among ancient Indian texts in using "transitional verses" to mark the end of one subject and the start of the next. [18]
In India, the Edicts of Ashoka (269–236 BC) were followed by the Law of Manu (200 BC). In ancient China, the first comprehensive criminal code was the Tang Code, created in 624 AD in the Tang Dynasty. The following is a list of ancient legal codes in chronological order: Cuneiform law. The code of law found at Ebla (2400 BC)
Dharmaśāstra became influential in modern colonial India history, when they were formulated by early British colonial administrators to be the law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs) in the Indian subcontinent, after Sharia set by Emperor Aurangzeb, was already accepted as the law for Muslims in colonial India.
In ancient India, one's caste would affect the punishment she or he would receive but in 21st-century India, caste does not play a role. Modern law in India dictates only laws that have been conceived and are written down may be enforced whereas in ancient Indian law, a person could be prosecuted for a crime that has not been written down if a ...