Hindu Law and Custom (Recht und Sitte) c10.88

c10.88

Witnesses take oath. Even the oldest Smṛtis contain long lectures with which the judges shall exhort the witnesses in order to prevent them from giving false depositions. Often the witnesses take oath with prescribed formulas varying according to the status of the witness (Vi. 8, 19—23 etc. ; differently Gaut. 13, 12). For the enhancement of the solemnity of the occasion the hearing of the witnesses may take place before a glowing fire and near (a jug of) water, in the presence of the king, Brahmans, gods i. e. images of gods (Āp. 2, 29, 7 ; Gaut. 13, 13). The witness shall also put off his shoes and turban, take gold, cowdung or holy grass in his right hand and stretch it out (Bṛh. 7, 23). A mishap, particularly illness, burning by fire or the death of a relation, happening to the witness within seven days of giving evidence is regarded as a sign of perjury. In the case of giving evidence in a boundary dispute, this period is extended to 6 weeks (Kāty. 18, 19¹)