V. The Trial

The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com

V. THE TRIAL.

1. ¹ When litigants are quarrelling in a court of justice, the judges, after examining the answer, shall adjudge the burden of proof to either of the two parties.

2. The judges having heard both the plaint and the answer, and determined to which party the burden of proof shall be adjudged, that person shall substantiate the whole of his declaration by documents or other proofs.

3. The plaintiff shall prove his declaration, and

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the defendant his special plea; victory in a previous trial shall be proved by a document recording that victory.

4. ⁴ When people try to excite fear, or to cause dissension, or terror (among the judges or witnesses), or to throw (other) obstacles in their way, such litigants lose their suit.

5. ⁵ One who absconds after receiving the summons; one who remains silent; one convicted (of a crime) by the (depositions of) witnesses; and one who admits the correctness of the charge: such are the four losers of their suit.

6. ⁶ One who absconds loses the suit after three fortnights; one who remains silent, after a week; and one convicted by the witnesses, or confessing his crime, all at once.

7. He who announces witnesses and does not produce them afterwards, within thirty days or three fortnights, suffers defeat in consequence.

8. ⁸ When a person has promised to appear at a trial or for the performance of an ordeal, and does not make his 'appearance, it must not be viewed as fraud.

9. ⁹ If an obstacle caused by fate or the king should intervene during that time, he does not lose his cause through the mere non-observance of the fixed period.

10. ¹⁰ Those (litigants) who make a private arrangement with one another, when the plaint and the

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answer have been delivered, and the judgment is about to be given, shall be compelled to pay twice the amount (in dispute) as a fine.

11. ¹¹ When the plaint and the answer have been reduced to writing, and the trial has commenced, the two parties may be welded together like two pieces of red-hot iron.

12. ¹² While both .parties are in suspense there regarding the (approaching declarations of the) witnesses and judges, those litigants are clever who arrive at a mutual understanding while the uncertainty lasts.

13. When the evidence is equally strong on both sides, and law and custom divided, in such a case a mutual reconciliation between the two parties through royal order is recommended.

14. Gain of religious merit and wealth, and renown accrues to the ruler from an equitable decision; the witnesses and assessors are exempt from censure, and enmity ceases,

15. When an unfavourable or a favourable decree, punishment or praise, renown or infamy has been obtained; whereas (continued) strife among men leads to sin.

16. Therefore should an intelligent (prince) enact that which has been propounded by dutiful and equitable associations, corporations, and chief judges, (in an impartial spirit) devoid of malice and avarice.

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17. 17 Evidence is declared to be twofold, human and divine. Each of these is again divided into a number of branches by sages declaring the essence of things.

18. Human evidence is threefold, as it consists of witnesses, writings, and inference. Witnesses are of twelve sorts; writings are declared to be tenfold; inference is twofold; divine test. is ninefold.

19. ¹⁹ In the case of an answer of the first or third kinds, divine and human proof should be employed; but in the case of an answer of the fourth kind, an attested document recording the success of either party should be produced.

20. ²⁰ In the cases of a plea of former judgment and of a special plea, the defendant shall prove the contents of his answer; but in the case of a denial, the plaintiff shall prove the contents of the plaint.

Footnotes

294:1 V, 1-3. Vîram. pp. 92, 93.

295:4 Vîram. p. 99.

295:5 Vîram. p. 102.

295:6 6, 7. Vîram. p. 102.

295:8 Vîram. p. 103. I read kritvopasthânaniskayam | with Smritikandrikâ.

295:9 Vîram. p. 103.

295:10 Vîram. p. 103.

296:11 11-16. Vîram. p. 104. Read dvayoh samtaptayoh in 11, with Smritikandrikâ.

296:12 The translation follows the gloss of the Kalpataru, as quoted in the Vîramitrodaya. The Ratnâkara (ibid.) translates the first half as follows: 'When the witnesses and judges are at variance with one another.'

297:19 Smritik. prathame vâ tritîye vâ pramânam daivamânusham | uttare syâk katurthe tu sasâkshi gayapattrakam || An answer of the first kind is a denial; an answer of the third kind is a confession; an answer of the fourth kind is a plea of former judgment.

297:20 Smritik. prâṅnyâye pratyavaskande pratyarthî sâdhayet svakam | uttarârtham pratigñârtham arthî mithyottare punah ||