Studies in Ancient Hindu Polity (Based on the Arthashastra of Kautilya), Vol. I c14.s1.38

c14.s1.38

It should be noticed that in all the four excepted cases, the requirements as to witnesses, or in lieu of witnesses the requirements as to document, had to be complied with, though of course if a case occurs in which neither any witness nor any instrument is available, and which falls within any of the exceptions, it will stand on its own merits, and the judges may try such a suit if they find it possible to do so, or may dismiss it. Another point that should be noted is that if a person tries to make a contract which is void on any grounds, the proposer (कर्त्ता), the acceptor (अदेय), the witnesses (श्रोता), and the person who brings together the parties (कारयिता) are all fined.