Hindu Administrative Institutions c10.s6.38

c10.s6.38

The law-giver Manu is communal also in the matter of witnesses. According to him persons entering into contracts should take as witnesses persons of the same sex or group. That is women for women’s contracts, Brahmans for Brahmans, Sūdras for Sūdras and so on.¹ It is easy to understand why the law-giver ordained this regulation. Members of the same community could better appreciate the motives of the members entering on contractual or other agreements. Witnesses were to depose on oath.² They should speak nothing but truth. But Gautama shows himself the most practical of the law-givers by saying that a witness can utter even a falsehood to save a good soul, and thereby does not incur the sin of speaking an untruth.³ This is absolutely forbidden in the case of a wicked person. That evidence is quite imperative is shown by Yājñavalkya who remarks wisely, ‘ Even a fact unsupported by evidence gets vitiated in a legal procedure.’⁴ Among evidences are mentioned documents, possession, and witnesses.⁵ If these are not available recourse may then be had to ordeals for sifting the truth.⁶