Hindu Law and Custom (Recht und Sitte) c10.87

c10.87

Generally as a rule only respectable, honoured, pious and reliable persons, of the same caste as the accused if possible, shall be allowed to give evidence. Inadmissible witnesses (asākṣin) are friends or enemies, relations or servants of anyone of the parties concerned and people interested in the issue of the case, men of bad reputation or of bad conduct or of despised position, such as a bad character, a gambler, or one who was formerly guilty of perjury or a notorious criminal and traitor, one who is excommunicated from his caste, actors or singers, snake-catchers, slaves, as well as persons who are incapable of carrying on a law-suit or who have no experience of the world, such as women, children, half-witted persons, ascetics, those who are learned in the Vedas or are studying the Vedas (Gaut. 13, 1-4; M. 8, 61-72; Nār. 1, 177-187 etc.; Mah. 5, 35, 44). He who gives a deposition without being ordered or asked is regarded as unreliable, but also omission or refusal to give the deposition or non-appearance inspite of a summons is punished (Gaut. 13, 5 f.; Nār. 1, 161; Bṛh. 7, 31 etc.). The rejection of unreliable witnesses is primarily the concern of the opposite party but this protest has to be raised at the proper time and the judge shall examine it along with the reply of the other party (Bṛh. 7, 24—26). Yet it is naturally one of the chief duties of the judge to estimate the reliability of a witness, in which signs of the consciousness of guilt such as bodily disquietude, cold sweat, pallor, incoherent speech etc. are to be particularly taken into consideration (Vi. 8, 18 ; Nār. 1, 193—196, 230—234 etc.).