Hindu Law and Custom (Recht und Sitte) c10.70
Hindu Law and Custom (Recht und Sitte) c10.70
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c10.70
The answer (*uttara*, *pratipakṣa*, *vāda*), likewise in writing, has to follow immediately only in important or urgent cases; otherwise longer or shorter respites are The answer and the respite for it. allowed according to the nature of the cases; they sometimes extend over a whole year and sometimes even any period is allowed that may be asked for (see above). The answer in writing shall exactly correspond to the contents and the line of thoughts of the plaint and it must be clear, precise and not confused or evasive. There are four kinds of answers: denial (*mithyā*), a confession (*sampratipatti*), protest or a special plea (*kāraṇa, pratyavaskandana*) and reference to a previous verdict in a similar case (*prāṇnyāya*). The denial is fourfold: "It is not true, I do not know it, I was not present there, I was not yet born at that time." It is an instance of protest when the accused says: "I of course received 100, but I have returned the amount to you" (Nār. I, 2, 2—6; Quot. 3, 1—7; Bṛh. 4, 8 f.; Hār. 1, 20—25 etc.). Silence or refusal to answer is considered to be equivalent to confession. At first it is tried to extort such a confession showing the inducement that half the punishment shall be excused if the accused confesses his guilt (Nār. I, 2, 32 f.; Quot. 3, 10 etc.).
Linked texts (3)
- Hāritasmṛti (Laghu- and Vṛddha-Hārīta) — Hārīta, Sanskrit
- Bṛhaspatismṛti — Bṛhaspati, Sanskrit
- Nāradasmṛti — Nārada, Sanskrit