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vyavahara

Sanskrit · vyuh-VAH-ha-ra · Jurisprudence and interpretation

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

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