|
Page 2
11. Where the claim has been refuted as not agreeing with the facts (as e. g. the sum claimed
[5. According to Nand., who argues from a passage of Nârada (5, 37), the use of the particle ka implies here, that two witnesses are also not sufficient. But the MSS. of Nârada exhibit a different reading of the passage in question, which reading is supported by the Vîramitrodaya.
8. The particle ka is used here, according to Nand., who argues from a passage of Yâgñavalkya (II, 68), in. order to include liberality among the qualities required in a witness.]
having been repaid by the debtor), there the witnesses of the defendant have to be examined as well.
12. An appointed witness having died or gone abroad, those who have heard his deposition may give evidence.
13. (The evidence of) witnesses is (of two kinds): either of what was seen, or of what was heard.
14. Witnesses are free from blame if they give true evidence.
15. Whenever the death of a member of any of the four castes (would be occasioned by true evidence, they are free from blame) if they give false evidence.
16. In order to expiate the sin thus committed, such a witness), if he belongs to a twice-born caste, must pour an oblation in the fire, consecrating it with the texts called Kûshmândî.
17. If he is a Sûdra, he must feed ten cows for one day.
IS. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.
19. Let the judge summon the witnesses, at the time of sunrise, and examine them after having bound them by an oath.
20. A Brâhmana he must address thus, 'Declare.'
|
