Studies in Ancient Hindu Polity (Based on the Arthashastra of Kautilya), Vol. I c14.s1.20

c14.s1.20

The first requirements, as I have already stated, are that the agreement of the two parties should be expressed properly and that there must be no secrecy about it. Witnesses have to be called when a contract is formed. It appears that instruments (करण) are used in contracts, and when the terms of a contract are entered on an instrument, the witnesses can be dispensed with.¹ We find its parallel in some of the Saṃhitâs. But witnesses were a necessity in oral contracts.² We find, however, an exception to this general rule. A suit was not dismissed on the ground that no witnesses were forthcoming to testify to a point at issue. In a dispute, for instance, regarding the non-payment of the wages of a labourer, the employer could be sued even if