History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.299.3

v4.c63.299.3

200 provides 'let him (the judge) inspire them (the witnesses) with awe by (quoting) ancient texts, extolling the greatness of truth and denouncing falsehood'. Kaut. (III. 11), Manu VIII. 88 and 113 (=Nar. IV. 199), Viṣṇu Dh. S. VIII. 20-23 add further modes of speech and exhortations according to the *varṇa* of the witness: A brāhmaṇa witness is to be addressed by the judge as 'speak' and to be exhorted to swear by his veracity, a kṣatriya one was to be addressed as 'speak the truth' and to be sworn by the animal he rides and his weapons (which he is to touch), a vaiśya is to be sworn by his kine, grain and gold and a śūdra is to be sworn by (imprecating on his head) all grave sins. Manu VIII. 88 provides that a brāhmaṇa should be asked to depose with the word 'speak', while VIII. 113 states that a brāhmaṇa is to be made to swear by his truth. Some explain that the first rule applies to excellent brāhmaṇas and the second to inferior ones and rely on Gaut. (XIII. 12-13) who prescribes that an oath to speak the truth is not to be administered to brāhmaṇas but only to others. Vide Haradatta on Gaut. and Vivādacandra p. 127. Manu VIII. 102 (=Baud. Dh. S. I. 5. 95) is careful to point out that the exhortation is not to depend purely on the caste but that brāhmaṇas (and others) who tend kine, who engage in trade, who are craftsmen or actors, who are menial servants and usurers should be treated (by the judge) as śūdras⁵¹¹ (in the matter of taking oaths).