Theory of Government in Ancient India (Post-Vedic) c8.s5.20

c8.s5.20

Both parties should give their statements, which the Court must closely scrutinise. If the defendant was not ready, he was given from three to seven nights to prepare his defence. If he failed, he was fined from three to twelve paṇas, but was allowed further time. If, however, no defence was forthcoming in three fortnights, or if the defence collapsed hopelessly, the amount in question, in a monetary case, was realised from the defendant's property unless he could arrange with the plaintiff for the substitution of some recognised good service for the realisation. As soon as the defendant had stated his case, the plaintiff should rejoin. If he could not, he must be punished. If he failed to substantiate a charge against a deceased person, he must perform some of his funeral rites. If a Brāhmaṇa, he might be commanded to perform the ceremonial called Rakṣoghnarakṣitam. To make a statement wholly unsupported by evidence, was to bear the burden of another sacrifice called Daśabandha. “In cases other than strife, violent and direct seizure of property and disputes among merchants, the defendant could not file a counter-charge against the plaintiff. Two suits against a defendant for the same offence were not allowed.”