History of Mediaeval Hindu India (being a History of India from 600 to 1200 A.D.) v3.c41.s23.5

v3.c41.s23.5

Cross examination of witnesses is not allowed. Brahmins and Kshatriyas are not punished for murder; but they are expelled the kingdom after confiscation of property. For theft a Brahmin is blinded and his left hand and right foot are cut off. A Kshatriya, however, is not blinded. Other castemen are killed.” This evidence shows the severity of punishment inflicted even on a Brahmin for theft in this sub-period. There is no rule in Smritis as to the number of witnesses. As the parties were never represented by pleaders (entirely a British institution in India) cross-examination was perhaps never thought of. But the great formality in swearing of witnesses and the dread of punishment in the next world probably made witnesses more truthful than now. The august presence of the king must also have added its influence in compelling witnesses to tell the truth. This must also have reduced the number of cases, especially civil, to the minimum.