Hindu Law and Custom (Recht und Sitte) c10.72

c10.72

Who is to prove his case? Before the third part of the procedure, the trial, can begin the judge has to decide on which party the burden of adducing proofs shall fall. In general, in the case of denial the plaintiff, and in the case of protest or reference to a previous verdict, the accused has to begin the act of proving (*kriyā*); in the case of a confession generally no trial takes place (Hār. 1, 29 etc.). In doubtful cases an amicalble settlement is recommended to the parties which may also be ordered by a royal mandate (*rājājñā*), but it will have to be performed at the proper time if the payment of a fine, amounting to double this disputed sum, has to be avoided (Bṛh. 5, 10-13).