vyavahara
Meaning. In classical Hindu law, judicial procedure and the law of litigation between parties.
The Dharmashastras divided law into achara (rules of conduct), vyavahara (civil and criminal litigation) and prayaschitta (penance). Vyavahara covered the eighteen titles of law (vyavahara padas), such as non-payment of debts, deposits, sale without ownership, partnership, gifts, wages, boundary disputes, assault, defamation, theft and inheritance.
The smritis of Narada and Brihaspati describe the four stages of a suit: the plaint, the reply, the proof, and the decision. The system shows early ideas of pleadings and evidence similar to modern procedure.
Example
Disputes over debts and boundaries were titles of vyavahara, decided by the king's court on the basis of plaint, reply and proof.
See also
achara · prayaschitta · dharmashastra · smriti
Read more in the study notes
- Dharma and the sources of Hindu law (Family Law I - Hindu Law)
- Schools of Hindu law: Mitakshara and Dayabhaga (Family Law I - Hindu Law)
- Dharma and Indian legal thought, ancient and modern (Legal Theory)