Hindu Law and Custom (Recht und Sitte) c10.104

c10.104

The circumstantial evidence or argumentation (yukti, liṅga, tarka, anumāna, upadhā) is based on a careful consideration and co-ordination of all remarkable and suspicious circumstances. The appearance is the first consideration (§ 49), such as if a man suspected of murder is found with a bloody sword or a man suspected of theft is found with the stolen property. Yet the judges have to be on their guard in this respect against treachery, as for instance, anybody may artificially produce a wound on his body and denounce his enemy as the perpetrator of the crime (Nār. 1, 176). The consciousness of guilt may also be manifest from the conduct of the parties at court, as in the case of false witnesses (Y. 2, 13-15; Pañc. 1, 35f.). Thieves can be convicted not only on the strength of the possession of the stolen property, but they can also be convicted if it is found that they are making extra-ordinarily large expenses, mixing in bad company and they may be discovered for their thievish propensity or their crime may be laid bare by a sharp cross-examination etc. (Nār. App. 8-12). Also the words which the parties let slip when in a passion shall be carefully recorded (Nār. I, 2, 18).