History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.276

v4.c63.276

The qualifications of witnesses to be examined in a suit are stated in numerous places such as Gaut. XIII. 2, Kauṭ. III. 11, Manu VIII. 62-63, Vas. 16.28, Śaṅkha-Likhita (q. in S. V. p. 138), Yāj. II. 68, Nār. IV. 153-154, Viṣṇu Dh. S. VIII. 8, Bṛ. (S. B. E. vol. 33 p. 302 v. 28), Kāt. 347 (in Sm. C. II. p. 76 and V. P. p. 111). The principal qualifications are;489a they should be born of a good family, should have lived hereditarily in the country, should be householders having a son or sons, should be well-to-do and men of character, should be trustworthy, should know dharma and act up to it, should not be covetous and should have been cited by the parties as witnesses. Some Smṛti texts such as Kauṭ. III. 11, Manu VIII. 68 (= Kāt. 351 and Vas. 16·30), Kāt. 348 provide⁴⁹⁰ that ordinarily witnesses should be of the same *varṇa* or caste as the parties, that women should be witnesses in disputes between women, that men of the lowest castes (*antyajas*) should be witnesses for litigants of those castes and that a litigant of a lower caste should not try to prove his case by citing witnesses of a higher caste or a brāhmaṇa (unless the latter is an attesting witness on a deed). But most (even including Gaut. and Manu) give an option and say that persons of all castes (even śūdras) may be witnesses for all. Vide Gaut. XIII. 3, Manu VIII. 69, Yāj. II. 69, Nār. IV. 154, Vas. 16·29 (*sarveṣu sarva eva vā*). Nār. IV. 155 and Kāt. (349–50 q. by Aparārka p. 666 and V. P. pp. 111–112) provide⁴⁹¹ that in disputes between members of groups such as, those who wear peculiar symbols (indicative of their sect), śreṇis (guilds), pūgas (associations), companies of traders and all others who work in groups and who are therefore called *vargas* and in the case of slaves, bards, wrestlers, elephant riders, horse-trainers and soldiers the heads (called *vargin*) of these groups are the proper witnesses. Gaut. XI. 21 says that in disputes among members of classes of agriculturists, traders, cowherds, moneylenders and craftsmen (such as carpenters and washermen), the help of other members of the same calling may be taken as witnesses and arbitrators.