Hindu Law and Custom (Recht und Sitte) c10.78

c10.78

§ 50. Procedure of witnesses. The trial (*kriyā*) is mainly based on the deposition of witnesses, particularly according to the older sources. The knowledge of the witness is based on what he has seen (*sākṣin*), or what he was present at (*deśya*, *anubhāvin*) and what he has understood (*jñātṛ*), and he is primarily an eye-witness or an ear-witness; yet indirect witnesses (*uttarasākṣin*) too are known who are somehow instructed by a direct witness or who somehow manage to get wind of the statements made by the direct witness (Nār. 1, 147f., 150 etc.). The indirect witness is one of the "appointed" (*kṛta*) or solemnity witnesses who were called in by the parties for the authentication of purchase and sale, deposit and other legal transactions. Moreover, the witness of a document, the secret witness, who is stationed behind a wall to overhear a negotiation without the other party knowing it, one who was accidentally present and the reminded (smārita) witness who is repeatedly reminded of what took place in his presence so that he may not fall a prey to his forgetfulness—all of them are "appointed" witnesses. The judge and the king are regarded as unappointed witnesses (akṛta) for what was discussed before them, the village community are unappointed witnesses for what took place in the village, particularly in the case of boundary disputes and family members, acquaintances, and employees are unappointed witnesses for what was known to them on account of their relations with the parties (Nār. 1, 149—152; Bṛh. 7, 1—17; Kāty. 6, 5-10¹).