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

S. II. s. 16-19 ] WITNESSES 39
M.p.281. 26-p. 29 l.26 ]
Vasiṣṭha says :¹
What was seen by the ( witnesses ) together should be deposed to by
them in the same way ( i. e they should depose simultaneously ); but
( what was seen ) by the witnesses separately should be related by each
separately. Where a matter has become known to witnesses at different
times ( the judge ) should make them depose one by one. This is the rule
( of examining witnesses ) laid down ( in the s'āstras ).
Manu ( 8 113, 102 ) says :
A² Brāhmaṇa should be made to swear by (his) truth, a Ksatriya by his
riding animal and weapons, a Vais'ya by his kine, grain and gold, a S'ūdra
by ( invoking on his head ) all the sins ( in case he deposed falsely ).
Brāhmaṇas who tend herds of kine, who are traders, mechanics or actors,
who are hired servants or money lenders, should be treated as S'ūdras
( for purposes of examination as witnesses ). Those³ who are fallen from
their proper duties, who subsist upon food given by others and yet who
desire the status of a man of the regenerate classes should be treated
like S'ūdras.
*The meaning ( of satyena ) is if you speak falsely, thy (merit due to) truth
will perish; such like should be the mode ( of oath for a Brāhmaṇa ) The
test for determining the ( truth or falsehood of the ) deposition of a
witness is declared thus :
If ( what a witness ) deposes is not less than ( what is affirmed by the
party citing him ) in respect of place, time, age, the substance ( dravya ),
the name, the caste, the measure, ( the judge ) should declare that the
matter in dispute has been proved ( by that party )
Yājñavalkya ( II. 78 ) lays down a rule for decision when witnesses contradict
each other
In case of contradiction the testimony of the majority should be accepted
( i e prevails ); if ( the witnesses ) are equally divided, the testimony of
the virtuous set and if there be a conflict ( of testimony ) among virtuous
witnesses, the testimony of the most virtuous should be accepted.
The same author ( Yāj II 76 ) prescribes the fine for not deposing after
having agreed to give evidence :

1. These two verses are ascribed to Kātyāyana by Aparārka These verses are
   not found in the printed Vasiṣṭhadharmaśāstra ( B. S. series) nor in its translation
   ( S. B E. vol. XIV ).
2. This verse occurs in Nārada also ( ṛṇādāna 199 ).
3. This verse is not found in Manu.
   *P. 48 ( text. )