Chapter 30

Raising Objections to Witnesses

Whatever defects there are in a document, and those which are held to be in witnesses, must be stated at the time of the proceeding; if stated later, they do not invalidate. // K_378 //

He who, after the testimony has been given, challenges witnesses who were not challenged before, and does not state the reason for it, shall incur the first amercement. // K_379 //

One should not invalidate a proof with a falsehood, but only with a genuine defect. In a false accusation, one shall be punished and shall also lose the object of the claim. // K_380 //

When the defendant or the plaintiff seeks to establish a defect in a witness, it is not a separate legal proceeding, because it is instrumental to the matter at hand. // K_381 //

Defects of witnesses must be stated in court by the defendant. Having written them all down on a document, he should then be told to give his reply. // K_382 //

If they admit the defect, they are never fit to be witnesses. Otherwise, the defects must be established by the defendant through proof. // K_383 //

If the defendant fails to disprove the witnesses, he shall be made to pay the money. All witnesses who are proven (false) are disqualified from the law of witnesses. // K_384 //

By his appearance, gestures, and movements, one should discern his state of mind. The defendant becomes defeated; he is marked by inference. // K_385 //

Trembling, sweating, dejection, licking dry lips, drawing on the ground, shifting from one's place, looking sideways and upwards, and a change in voice—these the wise have declared to be the signs of a guilty person. // K_386 //

Testimony must be spoken by witnesses within the court, not elsewhere. This is the rule for all testimony, except in cases of immovable property. // K_387 //

In the presence of the plaintiff and defendant, and in the presence of the object of the suit, one should give direct testimony, never hearsay. // K_388 //

Testimony may sometimes be given concerning the property even without them (the parties). This is the rule for quadrupeds, bipeds, and immovable property. // K_389 //

One may dispute even in the absence of things that are weighed, counted, or measured. In all transactions, testimony is required; not otherwise. // K_390 //

If there is testimony in a case of killing a living being, one should have it stated in the presence of Shiva. In the absence of that, (one should rely on) a sign; one should not have it stated otherwise. // K_391 //

Their statement spoken naturally, which is free from fault, should be accepted. Once the witnesses have spoken, they should not be questioned again and again by the king. // K_392 //

What they say naturally, that is acceptable in a legal proceeding. What they say other than this, for the sake of religious merit, is meaningless. // K_393 //

What was seen by them together must be stated just so. What was a separate, individual act must be stated separately. // K_394 //

An act known by witnesses at different times, one should have them state it one by one; Bhṛgu says it is of a different time. // K_395 //

In disputes concerning debt and the like, which are generally stable, if less or more than the matter is stated, the claim does not succeed. // K_396 //

Even if a part of the claimed matter is stated by the witnesses, it becomes the whole, in cases of sexual offense, violence, and theft, whatever is the established claim. // K_397 //

Where there is less or more, one should reject that testimony. The witness there should not be punished, but one who does not speak deserves punishment. // K_398 //

Where the testimony contradicts the place, time, wealth, number, form, caste, appearance, or age, the wise know it as unstated. // K_399 //

When a witness, having come to give testimony on specified matters, does not speak in exact conformity, it is not considered spoken. // K_400 //

Where witnesses state less or more than the matter, that too should be known as improper; this is the determination regarding witnesses. // K_401 //