Classical Hindu Law

Classical Hindu law is a category of Hindu law (dharma) in traditional Hinduism, taken to begins with the transmittance of the Vedas and ending in 1772 with the adoption of "A Plan for the Administration of Justice in Bengal" by the Bengal government. Law during the classical period was theologically based on the dharmasastra, and dharma which was traditionally delineated by "learned people" or scholars of the Vedas. However, in reality, classical Hindu law was diverse in practice, varying between locations, vocational groups, and castes. Thus, the common source of classical Hindu law was the community and, therefore, laws on a whole were highly decentralized and diverse. These laws were dictated by various corporate groups such as merchant leaders, heads of caste, and kings, and because of the diverse leadership, these laws were particular to a set place. Records of classical Hindu law can be found in the Manu Smriti and other smṛti literature; although, actual court records during this time period are rare.

Classical Hindu law was theologically based on the Dharmasastras. Traditionally these texts established the rules of dharma which could be found through three sources. Theologically the most important source for dharma was from the śruti or Veda because it was acknowledged to be of divine origin. If one could not find a particular idea in the Vedas, the Dharmasutras instructed him or her to consult the next source of authority: smṛti followed then by ācāra and in some cases ātmatuṣṭi.

However, ācāra was the law that was conveyed in actual practice.

Śruti is a section of texts that are learned through hearing and are synonymous with the Vedas. Originally transmitted to ancient Rishis by way of cosmic vibration, the texts are considered the highest form of revelation. Because of their divine origin, the texts were passed orally through the generations by a select group of people who were granted the power to interpret the texts into more tangible laws. Although the texts themselves contain no specific law codes or rules, they are the claimed source for all classical Hindu Laws. These texts contain the four Vedas and the supplementary commentary associated with them.

Smriti, defined as tradition, is the second source of dharma and specifically refers to the written texts which cite the traditions of lawful virtuous people. These texts include the Dharmasastras. Smriti refers to the collections of acara or customary law wherein learning takes place. Smriti is the testimony of people who know the Vedas and is considered as the secondary Veda. Unlike Sruti, revelation, Smriti is based on memory; specifically those of sages who transmit their memories of traditions onto men as a means of passing down their wisdom. Smriti also represents the complete set of sacred literature: the six Vedangas, the epics (the Mahabharata and the Ramayana) and the Puranas.

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