History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.33.4

v4.c63.33.4

Yet the man charged may show that among the ābhīras there is a usage (written down in the census records of the king) that adultery with an ābhīra woman is not punishable. In such cases caritra (usage) annuls the (ordinary) vyavahāra. But suppose that in such cases the king, in order to improve the morals of a section of his subjects, issues a proclamation that from the date of the proclamation one who is guilty of adultery with an ābhīra woman will be punished, then in that case usage will be set aside by royal command, which will then be the rule of decision. Similarly where there are no witnesses nor documents nor possession and no room for ordeal and there are no texts and local usages it is the king who has to decide as best as he can. Vide Pitāmaha q. in Sm. C. (II. p. 28). Kāt. (verses 39-43 q. in V. P. p. 89) describes how and when each later one sets aside each prior one.