Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
63. Or it may remain where it was, without interest [on the debt], the
value at that date [of the thing pledged] being ascertained. If the
debtor fail to come, the creditor may sell [the pledge] before
witnesses.
64. If the debt secured by pledge have become doubled, the pledge
shall be released; provided, the [value of the] usufruct of the thing
pledged be double [the amount of] the loan.[130]
65. _Upanidhi_ is something in a box delivered to the hands of
another, without a declaration. This shall be restored in the same
manner [as it was given].[131]
66. But one shall not be compelled to make good that of which he has
been deprived by the monarch, by accident, or by thieves.[132] When
the loss occurs after demand has been made, and the deposit not
returned, the depositee is to make it good and to pay a fine of equal
value.
67. Whoever of his own accord uses [this description of deposit] shall
be fined, and must restore it, together with the profit made.
The same rule applies to things borrowed[133] [for a special
occasion], also to what is delivered for the purpose of being restored
to the owner,[134] also to what is deposited [in the absence of the
head, with the other members of the family],[135] also to the deposits
called _nikshepa_,[136] and the like.[137]
68. Those proper to be witnesses are, religious devotees,[138] they
who bestow liberally, the wellborn, they who speak truth, they whose
chief aim it is to be virtuous,[139] they who are strait in their
conduct, they who have sons, and the wealthy.[140]
69. There should be at least three witnesses, such as observe the
rites prescribed by the Śruti and the Smriti, and are of a class,
whether mixed or unmixed,[141] corresponding [with that of the person
who produces them]: otherwise,[142] any person may be a witness for
any person.
70. Women, minors, aged men,[143] gamblers, persons intoxicated,
madmen,[144] persons under suspicion of crime, stageplayers,
infidels,[145] forgers, persons who are deprived of any sense,
71. heinous offenders,[146] intimate friends,[147] parties interested
[in the suit], confederates, enemies [to either party], thieves,
violent characters, the openly wicked,[148] persons cast off [by their
friends and kin], and such like,[149] are inadmissible as witnesses.
72. Even one person,[150] being an intelligent follower of ritual
duties,[151] may, with the consent of both parties, be witness
[sufficient].
All are admissible[152] as witnesses in cases of rape, theft[153]
defamation and personal trespass.[154]
73. The judge shall thus address the witnesses, as they come up to
the plaintiff and defendant:
The worlds appointed for criminals, for atrocious criminals;[155]
74. the worlds appointed for incendiaries, for murderers of women and
children--all these shall be the portion of him who gives false
testimony!
75. Know, that whatever good has been done by thee in a hundred
former births, all shall become his whom thou defeatest by
falsehood![156]
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