Shudras in Ancient India: A Social History of the Lower Order down to circa A.D. 600 c12.153

c12.153

Manu repeats the old principle that members of the four varṇas and the untouchables can act as witnesses in the transactions of their respective communities.⁴ But he adds that kṣatriyas, vaiśyas or śūdras, provided they are householders, have sons and are indigenous, are competent to give evidence when called by a suitor.⁵ In the opinion of Kullūka this applies to debts and similar civil cases, which means that the śūdras were not considered reliable in criminal cases.⁶ However, the provision of Manu makes a definite advance on the provisions of earlier times which do not permit the śūdras to appear as witnesses in the cases involving members of the higher varṇas. As to cases such as defamation, assault, adultery and theft, anybody can be called as a witness irrespective of the qualifications required in civil cases.⁷ If qualified witnesses are not available, Manu permits even slaves and servants to act as witness.⁸ Manu does not introduce any varṇa distinctions in boundary disputes between villages; witnesses are to be examined in the presence of the crowd of villagers.⁹ Amongst those whom Manu does not permit to appear as witnesses (evidently in civil cases) are artisans, actors and dancers.¹ Kullūka justifies this on the ground that these people are always occupied with their work and that they can be won over by bribery.² Born slaves are also not permitted to act as witnesses.³