Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
7. The answer [of the defendant] to what he has heard [read] is then
to be put in writing, in presence of him who made the first
representation: and then the latter shall, at once, furnish a
statement in writing of the proof to support what he has asserted.
8. This being established, he succeeds in his suit; otherwise, the
reverse. Thus it appears, the procedure in law-suits has four steps.
9. Let not a counter-complaint be preferred until the [original]
complaint is disposed of, nor let a third person [sue] him against
whom a complaint is pending.[48] The statement of the cause of suit is
not to be varied.[49]
10. [The defendant] may bring a counter-plaint for abusive
language,[50] or personal trespass,[50] or for acts of atrocious
violence.[51] On behalf of each party, a surety, competent to meet the
result of the suit, shall be bound.
11. One against whom, after [a plea of] denial, judgment is given,
shall pay the amount [adjudged to the plaintiff] together with an
equal sum to the monarch.[52] One who has made a false complaint,
shall forfeit double the amount of his claim.
12. In a case of atrocious violence, of theft, of reviling or personal
trespass,[53] where a cow is the subject, or a [malicious] charge of
crime,[54] or an offence destructive of life or property[54] where a
female [of the household] is the subject--[in each of these cases] the
Court shall compel the parties to go to trial forthwith. In other
cases, a day may be appointed at pleasure.
13. One who moves from place to place,[55] who licks the corners of
his mouth, whose forehead sweats, and whose countenance changes
colour.
14. who with words from a dry throat, stammering, says much that is
contradictory, who makes no response to word or look, who contracts
the lips--
15. whosoever [in this wise] changes his natural manner, in the action
of his mind, of his speech, and of his person, is to be set down as
false in his complaint, or [if a witness] in his testimony.[56]
16. One who enforces by his own arbitrary act a claim which is denied,
who absconds, or who does not respond when called--[each of these] is
considered to have failed, and is amenable to punishment.[57]
17. Where there are [rival claims, and] witnesses on both sides, the
witnesses of him who asserts the elder title, are to be [first]
examined: if that title be admitted,[58] then the witnesses of him
who claims by subsequent title [shall be examined].[59]
18. Should the suit be accompanied by a wager, [the Court] shall
compel the losing party to pay the fine [prescribed],[60] as well as
his wager and his debt to the creditor.
19. Let the monarch, rejecting subtleties, conduct the trial of suits
upon the merits: even merits, in the absence of proof, must fail of
success in the suit.
Public-domain text, read in full here on John Shaqi.
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