Chapter 29

Witnesses

The king should not cause any delay in the examination of witnesses. A great fault, characterized by the deviation from justice, arises from delay. // K_339 //

The king himself should examine the witnesses who are present. He should examine the statement spoken by the witnesses together with the assessors. // K_340 //

For a proper understanding of the proof, time should be given to the witnesses. Where the testimony is doubtful, one should have it clarified immediately. // K_341 //

The Chief Judge, in the presence of the plaintiff and defendant, should appoint all the witnesses in the courtroom, consoling them with this procedure: // K_342 //

"Whatever you know of the dealings between these two in this matter, speak it all truthfully, for your testimony is required here." // K_343 //

In the presence of gods and Brahmins, he should question the twice-born for true testimony, having them face north or east, in the forenoon, being himself pure and they being pure. // K_344 //

Having summoned the witnesses, he should question them, binding them firmly with oaths, all together, whose conduct is known and who know the matter, and then separately. // K_345 //

Whatever has been experienced in the presence of the plaintiff and defendant, that statement of the witness is admissible; otherwise, it is not, says Bṛhaspati. // K_346 //

Those who are of renowned family and character, free from greed and delusion, trustworthy, pure, and distinguished—their testimony is beyond doubt. // K_347 //

Whatever kind of person is to be proven by the plaintiff, he should prove it with similar persons. One should not ever prove a case with witnesses of a higher or lower station. // K_348 //

Ascetics, members of guilds and corporations, and groups of merchants, and others who are in groups—Bhṛgu has declared these to be classes. // K_349 //

Of slaves, bards, wrestlers, and those who live by elephants, horses, and weapons, the leaders of each of these groups are the class leaders. Their disputes are within their own classes, and the members of the class are witnesses in them. // K_350 //

Women should give evidence for women, similar twice-born for the twice-born, virtuous Shudras for Shudras, and those of the lowest castes for the lowest castes. // K_351 //

Where it is impossible for them to come, for those residing in a foreign country, one should have the testimony given through a document sent by three men learned in the Vedas. // K_352 //

In the case of a deposit kept indoors, even one person may be called as a witness. A messenger sent by the plaintiff may also be a single witness. // K_353 //

Whatever merchandise has been prepared by someone, he should prove it himself. He alone is declared to be the proof in a dispute concerning it. // K_354 //

The scribe, the Chief Judge, and the assessors in order, when a case is being decided in the king's sight, are declared to be witnesses. // K_355 //

Others, not specifically named, are also declared to be witnesses: the village, the Chief Judge, and the king, for the litigants. // K_356 //

He who is privy to the matter, he who is sent by the plaintiff, and kinsmen in disputes among relatives—they too may be witnesses. // K_357 //

In a dispute over a share of an inheritance, when a doubt has arisen, the word of the kinsmen is proof; in its absence, the contrary. // K_358 //

Of the witnesses who are written down and named by the plaintiff, if one of them speaks otherwise, due to the discrepancy, none of them are witnesses. // K_359 //

A witness made by one person should not be questioned by another. In his absence, an appointed agent or a relative may question him. // K_360 //

Those who live by the same profession, those who work for his service and benefit, his relatives, friends, and servants—they are his partisans and not witnesses. // K_361 //

The sons of a mother's sister, the sons of a uterine brother, and maternal uncles—these are said to be paternal kinsmen; testimony should not be employed among them. // K_362 //

Kinsmen, relatives by marriage, a brother-in-law, a sister's husband, a father, a paternal uncle, a father-in-law, and preceptors as well. // K_363 //

Those who are appointed to posts in cities, villages, and regions, and favorites, should not be questioned; they are devoted servants of the king. // K_364 //

In cases of debt and the like, concerning long-standing matters, one should examine the witnesses. In cases of violence and emergencies, examination is sometimes prescribed. // K_365 //

In cases of obstruction of a king's command, in sexual offenses and violence, and in theft and assault, one should not examine the witnesses. // K_366 //

In a matter that occurs inside a house, at night, or outside the village, if an accusation is made in these cases, one should not examine the witnesses. // K_367 //

Testimony should not be given by witnesses unasked by the plaintiff. There is no valid testimony in them; one should apply it to oneself. // K_368 //

A witness is one who is recorded in a document and a subsequent witness, following two paths. // K_369 //

If one who is recorded by his own hand stands alone and does not recognize it, one should prove it by his other handwriting. // K_370 //

He who is brought by the plaintiff himself and is entered into a document is called a written witness; he is reminded from the document. // K_371 //

A witness who, for the purpose of establishing a case, having seen the matter again and again, is reminded by the plaintiff, is called a reminded witness here. // K_372 //

One who is brought for a specific purpose and one who comes by chance—these two are unwritten witnesses, who establish the plaintiff's case. // K_373 //

He who is made to hear the defendant's clear statement by the plaintiff for the purpose of establishing his own claim, and who stands hidden, is called a secret witness. // K_374 //

He who gives testimony about the testimony of other witnesses, one above the other, either from hearing or from making others hear, is called a subsequent witness. // K_375 //

He to whom a matter has been disclosed in confidence or a case has been revealed is to be known as a secret agent, as is one who has come to know the matter. // K_376 //

Where the plaintiff has died, the witness there is one who testifies after the death. Where the defendant has also died, the same is to be applied there. // K_377 //