Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
76. That man who withholds his testimony, the monarch shall compel to
pay, on the forty-sixth day, the entire debt, as well as a fine
equivalent to a tenth of the amount.
77. The lowminded man who, although he has knowledge (of the facts),
declines to give his testimony, is, in sin, on a par with false
witnesses; so is he, in his punishment.
78. In case of conflicting testimony, what is stated by the majority
(of the witnesses) must be credited; if the numbers be equal, then
those of the witnesses who are of distinguished qualities[157] must be
credited; if again, these are in contradiction, then the most
distinguished shall be credited.[158]
79. That party (to the suit) whose assertion the witnesses have
verified, succeeds; that one whose assertion the witnesses have
disproved, is defeated.
80. Although proof has been given by witnesses, yet, if others of more
distinguished qualities or in number twice as many give opposite
testimony, the first witnesses should be held as false ones.
81. As well they who suborn as they who give false testimony are to
be severally fined in double the value of the suit:[159] a bráhmaṇ,
in such case, shall be banished.[160]
82. [The witness] who, after he has been addressed[161] [by the judge,
yet] being blinded by passion, withholds his testimony,--he shall pay
eight times the [ordinary] fine: in case of a bráhmaṇ, he shall
suffer banishment.[162]
83. Should it happen that the testimony of a witness must occasion the
death of a person, whatever the cast of the latter,--the witness
shall, in such case, speak untruth.[163] For their purification [after
giving such false testimony] the twice-born must make oblation to
SARASWATI.[164]
84. If any settlement have been mutually come to [between debtor and
creditor], a written instrument should be drawn up before witnesses,
the first mention being of the creditor.
85. In it should be written the date, _viz._ year, month, half month,
day, also the name, cast, family, the Veda-school, and father's name,
of each party, &c.[165]
86. This being completed, the debtor shall subscribe with his
signature [a declaration, as follows]:--"What is written above, I, the
son of such an one, agree to."
87. Then the witnesses, all being equal in grade, shall, after their
fathers' names, write, with their own hands respectively: "I, such an
one, am a witness."
88. And the writer shall subscribe at the foot, as follows:--"This has
been written, at the request of both parties, by me, such an one, the
son of such an one."
89. An instrument, entirely in the handwriting of the party, is to be
received as proof, although it be not witnessed, unless procured by
violence or by fraud.[166]
90. Payment of a debt incurred upon a writing, is obligatory only upon
the debtor, his son, and grand-son;[167] but a pledge shall remain in
use so long as the debt is unpaid.
Public-domain text, read in full here on John Shaqi.
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