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

S II § 11-15 ] WITNESSES 37
M p 27 ll 1-25 ]
He, whose documents or witnesses are found fault with in a suit, will
not succeed in his cause, as long as he has not cleared that (the docu-
ment or the witness of the faults pointed out).
Tat (in the verse above) signifies 'a document and the rest'. Kātyāyana
prescribes the punishment for those who adduce false witnesses.
*He, who, through a desire to succeed in his cause, cites false witnesses,
should be deprived of all his belongings and should be then made to lose
the subject matter (of dispute) ¹
Nirviṣayam means 'deprived of the property that is the subject matter of
dispute'. Nārada (p. 90 vv. 193–196) declares the means for ascertaining
false witnesses.
He, who, on account (of the consciousness of) his own wrong-doing
(guilt in perjuring himself), appears like one uneasy, shifts from place to
place (when giving evidence), runs after every one (he sees), who
suddenly coughs much, again and again breathes deeply, who scratches the
ground with his feet, who shakes his arms and garment, whose face changes
colour and whose forehead perspires, whose lips become dry, who looks
above and sideways, who without being asked talks much and irrelevantly
as if he were in a hurry, should be known as a false witness (The
king) should punish such a sinful one severely'.
Kātyāyana and also Manu (S 87, 79-80) state the manner of putting ques-
tions to witnesses •
^The judge, himself being pure, should ask in the forenoon the witnesses
of the regenerate classes who are pure to depose to the truth, with their
faces turned to the east or north, in the presence of (an image of) the
divinity and Brāhmaṇas. §The judge should in a soothing tone question
the witnesses in the court-room and in the presence of the plaintiff and
the defendant in the following manner; 'All that you know concerning the
reciprocal actions of these two' (litigants) in this matter depose truthfully,
for you are in this matter the witnesses
In disputes about kine, horses and the like the same author (Kātyāyana)
declares the (necessity of) the presence of the subject-matter of dispute (at
the trial);
In the presence of the plaintiff and the defendant and of the subject
matter of the suit (the judge) should urge (require) the witnesses to give
evidence to their face and never behind their back. (Evidence) may
in rare cases be taken in the vicinity of the subject-matter (of dispute)

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¹ Tataḥ may mean 'on account of that fault' and nirviṣayam according to the
Smṛticandrikā means 'banished from the country',

• P 40 (text). § P 41 (text).