History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c64.1900

v4.c64.1900

Witnesses, (see under 'perjury'); at least three generally required 331; brāhmaṇa w. following avocation of tending cattle or engaged in trade or as menials were to be treated as śūdras in matters of oath 344; compulsory attendance of 345; cross examination of w. how far allowed 245; divided by Nārada into *kṛta* and *akṛta* 339; duty of party opposed to the party calling w. to point out latent defects rendering them incompetent as w. 341; even persons generally held to be incompetent as w. may have to be examined in certain cases 337; evidence of w. tends to be false owing to friendship, fear, greed, anger, ignorance 334; examination of, not to be delayed by king or judge 331; exceptions to rule that w. were to be examined in open court 340; exhortations addressed by the judge to 342-344; faults in w. cannot be pointed out at a late stage 341; fined for not coming to depose 345; five classes of incompetent 338-339; five kinds of kṛta 339; how much has to be proved by party calling w. 347-348; if serious calamity befell w. after deposing in a cause they were fined and made to pay debt claimed 352; indicatory acts and appearances of w. deposing falsely 346; in disputes among groups, guilds &c. 333; minimum required to attest documents 312; number of w. necessary in a dispute 331-332; Oaths administered to 343-44; parties as 345; patent defects in, to be considered by court at time of giving decision 341; persons incompetent to be w. 334-336; qualifications of 332-333; quality preferred to number of 347; rules in case of conflict among 347; should be produced for examination by parties or summoned by court 345; should ordinarily be of the same caste as the parties 333; should take off their shoes and touch cowdung, gold or *darbha* grass before deposing 342; six kinds of *akṛta* 340; strict examination of character of w. should be entered upon only in civil disputes 336-37; subsistence allowance for w. 345; swearing and exhortation of w. differed acc. to caste 343-44; taking down the depositions of 344; to be examined in presence of parties 342-343; twelve kinds of, mentioned by Bṛhaspati 340; were allowed to depose falsely by Dharmaśāstra works if speaking the truth would lead to death sentence for accused 353; were to depose in the presence of fire, water jar and brāhmaṇas 342; women as 333-34, 337; women not wholly disqualified as w. 338.