Comma for either/or — dharma, courage. Spelling forgiving — corage finds courage.

    Cover for Kātyāyana Smṛti

    Kātyāyana Smṛti

    Chapter 19

    Kātyāyana

    Whether the Reply is to be Given Immediately or After Some Time

    Having heard the matter contained in the written plaint, if the defendant, for a valid reason, requests time in the dispute, it should undoubtedly be granted to him. // K_145 //

    He may obtain time immediately, or for one day, five days, or three days, according to the gravity of the case. In cases of debt and the like, he may get a fortnight or a week. // K_146 //

    The lord, having ascertained the time and ability required, and the relative importance of the cases, may grant a short or long period to the defendant. // K_147 //

    A day, a fortnight, a month, a season, or even a year—time should be granted by the other party in accordance with the stability of the proceedings. // K_148 //

    Where importance is lost, or there is destruction or abandonment, one should not grant time, for such a case is urgent. // K_149 //

    In cases concerning a cow, a bull, a field, women, childbirth, a deposit, a loan for use, a gift, and likewise sale and purchase... // K_150 //

    ...violation of a maiden, theft, quarrels, violence, treasure troves, fraud, and false witness, one should proceed with the dispute immediately. // K_151 //

    In cases of violence, theft, assault, defamation of a cow, and in emergencies, Bṛhaspati says one should proceed with the dispute quickly, even at an improper time. // K_152 //

    In cases concerning recent events, one should proceed with the dispute immediately. In cases where time has passed, the lord may grant time to the defendant. // K_153 //

    For a recent event, immediately; after a month, a day may be given; after six years, three nights; after twelve years, a week. // K_154 //

    After twenty years, he may get ten days or a fortnight. After thirty years have passed, it shall be a fortnight, and beyond that, three weeks. // K_155 //

    Within a year, he may get time as he himself desires. A year is granted for a foolish, insane, or mentally disturbed person, or one afflicted by disease. // K_156 //

    Or for one who has gone to a distant land, or when the subject matter is unknown, or when the original document or witnesses are in another country. // K_157 //

    In such cases, time should be granted to the men until their return to their own country. Even if time has been granted, more may be given due to the gravity of the case. // K_158 //

    The defendant, having heard the matter of the plaint, should then present his counter-plaint, which is connected to the matter of the plaint. // K_159 //

    In a decision concerning custom, property, giving, or a desired act, if someone does not appear, one should not find fault there. // K_160 //

    If at that time there is a fault caused by fate or the king, he shall not be defeated merely by his failure to appear. // K_161 //

    He should prove the fault caused by fate or the king with witnesses. One who acts deceitfully should be made to pay a fine and that money. // K_162 //

    An accused person should never sue his accuser, except in cases of punishment, assault, theft, abduction, and emergencies. // K_163 //

    As long as a certain practice has been handed down by tradition, the king, observing it, should have the reply given according to justice. // K_164 //