व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S II.8 6-7 ] WITNESSES 33
M p 24 l 14-p 25 16 ]

• Nārada ( p 81 v 155 ) says
  ( In disputes) among śrenīs (guilds) the office-bearers (or heads) of the
  śrenīs, among groups or associations¹ the heads thereof, among those who
  stay outside (the village, i e who are untouchables) persons' who live out-
  side, and (in disputes) among women, women become (proper) witnesses
  Kātyāyana speaks of members of associations ( vargas )
  Persons wearing marks peculiar to their sects ( such as Bauddhas ), śrenīs
  ( guilds ), pūgas and other communities of merchants and all others who
  are banded into a group ( or association ) these are called vargas by
  Bhṛgu The leaders ( or heads ) of dāsas (serfs ), cāraṇas (bards ),
  wrestlers, of those who subsist ( by driving or riding ) elephants, horses
  and chariots and of groups of every sort are known ( in the smṛtis ) to be
  vargins
  Yājñavalkya ( II 69 ) speaks of persons of other castes ( as eligible witnesses ):
  It should be known that witnesses ( in a cause ) ought to be at least three;
  they should be devoted to performing the rites prescribed in tha Vedas and
  smṛtis, ( they should be ) of the same caste and the same varṇa ( class )
  as that of the litigants or men of all castes may be allowed (as witnesses)
  for all castes.
  The same author ( Yaj II 70-71 ) mentions those who are to be excluded ( as
  witnesses )
  A woman, a minor ( under 16 years ), an old man ( above 80 ), a gambler,
  one intoxicated, one possessed, a person reputed to be guilty of a deadly
  sin, an actor, an unbeliever ( or heretic ), a forger ( of deeds or coins ), a
  deformed person, one degraded from caste ( for some sin or wrong-doing ),
  one interested ( in a party to the suit ), one interested in the subject
  matter ( of dispute ), a friend ( or associate ), an enemy, a thief, an adven-
  turer ( or desperado ), one known to be a liar, one deserted and the like
  are not ( competent ) witnesses
  Nirdhūtaḥ means ' one abandoned by his kinsmen ( or friends )'; the word
  ādi ( the like ) includes slaves and others Bṛhaspati (p 302 v 29) says
  The mother's father, the father's brother, the wife's brother, the maternal
  uncle, the brother, a friend and son-in-law these are not ( competent )
  witnesses in all disputes
  § Nārada (p 83 v 161 ) says
  He, who not being named ( cited ) as a witness, comes of his own accord
  and deposes, is termed in the śāstras a volunteer ( witness ) He does not
  deserve to be a witness

1. For śreṇi, vide above p 5 n 1. The word 'varga' means ' a group or association in
   general ' and is of wider import than śreṇi It 'may apply to any association or group of
   people banded together for some purpose.
   *P 86 ( text ) § P. 87 ( text )
   v. M 5