Chapter V: Administration of Justice among the Indians

Religious Matters.--All affairs which relate to religion are determined by the Brahmans alone, in the presence of their _Sarvavèda_, or high-priest. The king, who, as is well known, does not belong to the sacerdotal cast, acts here the part of a _Kshetria_, and never gives his vote till the Brahmans have sufficiently examined the case before them, and delivered their opinions. The assembly or society who deliberate and determine upon it, is called _Yòga_. Each member of it has a voice. Their decision is considered to be infallible; and those who oppose it are expelled from the society. These _Yògas_ take cognizance of all disputes which arise in regard to betrothing, marriage, settlements to daughters, and other things of the like kind, as well as of all offences committed against religion or the cast. Hatred, enmity, abortions, giving blows without shedding blood, quarrels between parents and children, in a word, all affairs which have even the remotest connexion with religion, are brought before this tribunal. Every man has the right of defending himself, of making a reply, and of employing an advocate without being obliged to pay lawyers’ fees or to consume paper; for every thing is done _vivâ voce_. The members of the _Yòga_ sit upon mats; but the parties must stand.

Civil and Criminal Affairs.--These are determined only by the king and his servants. The punishment of the gallows is appointed for the following criminals:

1st, The _Svàmidròhi_, that is, those who excite insurrections, or meditate the death of the king.

2d, The _Bramahanda_, those who kill a Brahman.

3d, The _Madruhanda_, those who commit matricide.

4th, The _Pidruhanda_, those who murder their father, uncle, or any other relation.

5th, The _Mànuszahanda_, all murderers in general.

6th, The _Gòhanda_, those who kill a cow.

7th, The _Kshetra Stèna_, those who commit sacrilege.

8th, All those belonging to an inferior class, who pilfer any thing from the house of a person of rank.

9th, Those who steal the _Bhandàra_, that is, the royal treasure.

10. Those who hold illicit intercourse with one of the king’s concubines, or only with an unmarried female belonging to the king’s _Andarggraha_.

11. Those who debase the current coin.

12. Those who commit adultery with the wife of a Brahman, or the wife of their preceptor.

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The offenders are always hung on the spot where the crime was committed. The gallows consists only of two beams, and can with great ease be transported from one place to another. A hook is fixed to one end of the rope, and this hook the executioner forces, with all his strength, into the flesh below the criminal’s chin; he is then hoisted up, and the other end of the rope is made fast to the gallows. The delinquents sometimes are hanged also in the European manner, so that they are instantly suffocated. Lesser crimes are punished by cutting off the nose and ears; by hacking off the right hand; banishment from the country, imprisonment, hunger and thirst; sequestration or confiscation of property, and sometimes by a pecuniary fine.

The sentence of death must, in general, be subscribed by the delinquent’s own hand, after he has been heard and convicted of the crime laid to his charge. The place where the trial is held is called _Mandava_, and forms a sort of court of judicature in the magistrate’s habitation. Of such magistrates there are a great many, and they always reside in the neighbourhood of a temple. As soon as the delinquent is convicted, the magistrate repairs to the _Mandrashàla_, or judgement-hall, where all the other magistrates, together with some Brahmans, are assembled. On their opinion and sentence the life or death of the delinquent depends. He is, however, at liberty to appeal to the king; and on such occasions is never executed till the king confirms the sentence. In doubtful cases, the superintendants and elders of the cast are consulted. In these assemblies the first object of the members is to enquire into the laws, customs and usages formerly established in the cast, or in the town or city where the trial takes place; and according to these old precedents the point in question is determined.

During the whole time I resided in Malabar I never heard of a criminal being beheaded, but sometimes that one or two had been run through with a lance. Oaths are always taken before the gate of a temple; and the person who swears, places both hands on his head, and invokes _Mahadeva_, that is, the great god, the avenger, to punish him as a perjuror if he violates the truth. The courts of justice are kept open daily for every person from an early hour to the time of ablution, and from the time of supper till midnight. At the periods of new and full moon, and on the festivals of _Shiva_ and _Bhagavadi_, when the king must be present at the solemn presentation of offerings, no judiciary business is done, and the courts of justice are shut. Women, slaves, exiles, and persons to whom infamy is attached, are incapable of giving valid testimony. In former times, if a suspected person waded through a stream infested by a crocodile, or put his finger into boiling oil, melted lead, or a coco-nut shell in which a snake was concealed, and drew it out unhurt, he was declared to be innocent. This practice, however, is no longer in use.

In Malabar, Tanjaur, and Madura, there once existed, before the incursion of Mohamed Aly, a sort of itinerant justice. A magistrate, together with four soldiers, went about through all the streets; and if they observed any disturbance, they quelled it on the spot, and punished the offenders. This custom prevails at present only in Malabar. A magistrate of this kind is called, in the Malabar dialect, _Pravaticàrer_, or _Adhigàri_; and has power to try offenders wherever he pleases; sometimes under the shade of a tree, and sometimes in a house; at one time in the market-place, and at another in the open fields. Some of these magistrates are very avaricious, and receive presents or bribes, _Kosha Colunnu_; but when such corrupt practices are brought to light, the king causes the unrighteous judges to be imprisoned, and their goods to be confiscated. Every thing I have here said relates to the Pagan natives; for among the Christians an establishment totally different prevails.