Hindu Law and Custom (Recht und Sitte) c10.100

c10.100

§ 51. *Other methods of proving.* Already Āp. 2,29,6 speaks of the divine ordeal (daiva) along with the proof by inference (liṅga). Later authors give a complete system of the methods of proving, namely (a) human or worldly proof (mānuṣī or laukikī kriyā), consisting of proof by means of documents and witnesses and circumstantial evidence, or documents, witnesses and possession or merely by documents and witnesses; (b) divine intervention (daiviki kriyā) consisting of oaths and ordeals (Nār. I, 1, 3; 1, 69, 235-239, 247 ff.; Bṛh. 5, 18; 9, 32; Y. 2, 22 etc.). According to Bṛh. 9, 32, of worldly proofs witnesses are superior to inference and documents etc. are superior to witnesses; a possession for three generations however overrules everything. As a rule, the proof by ordeal shall be resorted to only in default of worldly proof (Y. 2, 22 etc.).