The Evolution Of Forensic Jurisprudence In India: From Ancient Texts To Modern Practices
- IJLLR Journal
- 10 minutes ago
- 1 min read
Vijay Kumar Shriwastwa, Doctoral Research Scholar, School of Legal Studies, Sangam University, Bhilwara, Rajasthan. India
Dr. Omprakash D. Somkuwar, Associate Professor, School of Legal Studies, Sangam University, Bhilwara, Rajasthan
ABSTRACT
The role of forensic jurisprudence and its evolution from ancient times through to Hindu texts such as the Artha Shastra and Manu Smriti, both of which demonstrate elements of proof, testimony, and the nature of justice. This paper looks at the historical development of forensic jurisprudence in India, examining classical texts and their contributions to forensic practice in the Indian justice system. The elements of Kautilya's strategies in the prevention, detection, and punishment of crime and evidence gathering procedures in the Artha Shastra and the ethical and moral aspects of law identified in the Manusmriti will be interpreted and evaluated. Caste legal limitations in the Manusmriti and their contribution to justice administration in ancient India, and the methods established for gathering evidence and establishing testimony, will be evaluated. The study compared investigative methods between the Artha Shastra and the Manusmriti, identifying their methods of collecting evidence, gathering witness testimonies as well as collective punishment. The aspects of evidence gathering, considering practical methods such as surveillance, interrogation, and circumstantial evidence, are identified in the Arthashastra, whereas the Manusmriti focused on virtues in moral integrity, oaths and divine trials. The role of colonial influence upon British rule of forensic methodology and practice will also be discussed.
Keywords: Forensic Jurisprudence, Artha Shastra, Manu Smriti, Digital Forensics, British Colonial Rule.
