Chapter 3

The Definition of Legal Proceedings and Other Matters

When the extensive domain of justice, known as Dharma, is disrupted and must be established through effort, the dispute that arises from a demonstrable cause is called a legal proceeding (vyavahāra). // K_025 //

The term vyavahāra (legal proceeding) is so called because it removes various doubts. 'Vi' signifies 'various,' 'ava' signifies 'doubt,' and 'hāra' is 'removal.' // K_026 //

A king should not, out of partiality or greed for wealth, initiate legal proceedings himself for men who are not in dispute. // K_027 //

He who commits violence or does not give what is due, and on being asked, acts with wickedness, should be summoned by the king's command. // K_028 //

A legal proceeding has two feet (plaint and reply). Due to the variety of matters to be proven, it becomes eighteen-fold. And due to the variety of procedures, these are differentiated into eight thousand. // K_029 //

The root of a provable case is what is presented by the plaintiff. The two grounds for a lawsuit are said to be non-payment of a debt and violence. // K_030 //

The plaint, the reply, the deliberation, and the procedure—thus it is declared to have four feet. // K_031 //

The scriptures of Dharma and the texts on polity are said to be its two branches. Victory and the final verdict are declared to be its two fruits. // K_032 //

He who, instigated by the king for the sake of wealth, first brings forward a matter condemned by the sacred texts, is declared to be an instigator (stobhaka). // K_033 //

He who is appointed by the king to look into faults in a case and, upon discovering them, reports them to the king, is declared to be an informer (sūcaka). // K_034 //