History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.299.5

v4.c63.299.5

37 say that if a witness knowing all facts and not prevented from coming by disease or similar causes refuses to come as a witness he incurs the sin of false witness, has to pay the amount in dispute and ten per cent thereof as fine to the king. This is in accordance with the principle enforced in modern times that it is the duty of a citizen to appear before a court of justice when summoned. Kauṭ. (III. 1) provides for subsistence allowance to witnesses. It is not quite clear whether parties could be regarded under ancient Hindu Law as competent witnesses on their own behalf. Yāj. (II. 13-15) appears to suggest that parties could be regarded as witnesses in their own cause and held to be false from their demeanour as in the case of witnesses. Kauṭ. IV.⁵¹⁵ 8 and the 9th Act of the Mṛcchakaṭika show that the accused was questioned by the Court as to his movements about the time of the alleged offence and till his arrest. Śukra⁵¹⁶