History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.299.1

v4.c63.299.1

When a witness is about⁵⁰⁶ to depose, he was, acc. to Bṛ. (S. B. E. 33 p. 302 v. 23), to put off his shoes and turban, raise his right hand (in order to draw the attention of the Court) and after touching gold, cowdung or *darbha* grass was to depose to the truth. Āp. Dh. S. II. 11. 29. 7. says⁵⁰⁷ that a witness should depose to the truth on an auspicious day in the morning in the presence of kindled fire and near (a jar of) water in the hall presided over by the king (or chief justice) and after being exhorted as regards both (viz. the results of truthfulness and falsehood) and when accepted by all (the court and parties) as a competent witness. Kauṭ. also (in III. 11) says that witnesses should be examined in the presence of brāhmaṇas, waterjar and fire. Manu (VIII. 79-80) provides that the judge should in a conciliatory manner exhort all witnesses assembled inside the court in the presence of the plaintiff and defendant as follows: 'whatever acts of these two (litigants) between themselves you know as regards this matter (in dispute), narrate them all truthfully, since you are the witnesses in this case'. Yāj. II. 73 also states that witnesses should be made to depose in the presence of the parties and Gaut. XIII. 13 and Kāt. (q. by Mit. on Yāj. II.