DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0111
I, 163.
INCOMPETENT WITNESSES. 83
gamblers, assassins, are incompetent on account of
their depravity ; there is no truth to be found in
them.
160. If the statements of witnesses, who have all
been summoned by the king for the decision of the
same cause, do not agree, they are rendered incom-
petent by contradiction.
*161. He who, without having been appointed to
be a witness, comes of his own accord to make
a deposition, is termed a spy in the law-books ; he
is unworthy to bear testimony.
*162. Where can (any person) bear testimony if
the claimant is no longer in existence, whose claim
should have been heard ? Such a person is an in-
competent witness by reason of intervening decease.
*163. If two persons quarrel with one another,
162. Supposing a man were to claim a certain sum from another
and to name a witness, whom he states to have witnessed the
transaction. If the soi -disant creditor should die, it would be im-
possible to ascertain whether the statement of the witness is true
or false. Therefore such a witness must not be admitted by
reason of intervening decease. A.
163. A claimant declares, ‘This bull, which you have got, is
mine. He was stolen by thieves, who took seven cows along with
him. If they are found among your property, they may be known
by a red mark on the forehead, or by their white feet, or by other
signs. ... I am able to adduce four witnesses who will declare them
to be mine.’ The opponent replies, ‘ Prag-apati (the Creator) has
created many two-legged and four-legged beings closely resembling
one another. If a superficial likeness is to be considered as
evidence, I might take another man’s wife into my house, because
she has eyebrows, ears, a nose, eyes, a tongue, hand, and feet like
my wife. This bull is born and bred in my own house. I am able to
adduce four witnesses from the village in which he is being kept;
their statements will establish the fact that he belongs to me.’ In
a dispute of this sort the witnesses of him who was the first to
bring the suit into court will decide the suit. A. YagTiavalkya II,
1 7 J Vishnu VIII, 10.
f G 2
INCOMPETENT WITNESSES. 83
gamblers, assassins, are incompetent on account of
their depravity ; there is no truth to be found in
them.
160. If the statements of witnesses, who have all
been summoned by the king for the decision of the
same cause, do not agree, they are rendered incom-
petent by contradiction.
*161. He who, without having been appointed to
be a witness, comes of his own accord to make
a deposition, is termed a spy in the law-books ; he
is unworthy to bear testimony.
*162. Where can (any person) bear testimony if
the claimant is no longer in existence, whose claim
should have been heard ? Such a person is an in-
competent witness by reason of intervening decease.
*163. If two persons quarrel with one another,
162. Supposing a man were to claim a certain sum from another
and to name a witness, whom he states to have witnessed the
transaction. If the soi -disant creditor should die, it would be im-
possible to ascertain whether the statement of the witness is true
or false. Therefore such a witness must not be admitted by
reason of intervening decease. A.
163. A claimant declares, ‘This bull, which you have got, is
mine. He was stolen by thieves, who took seven cows along with
him. If they are found among your property, they may be known
by a red mark on the forehead, or by their white feet, or by other
signs. ... I am able to adduce four witnesses who will declare them
to be mine.’ The opponent replies, ‘ Prag-apati (the Creator) has
created many two-legged and four-legged beings closely resembling
one another. If a superficial likeness is to be considered as
evidence, I might take another man’s wife into my house, because
she has eyebrows, ears, a nose, eyes, a tongue, hand, and feet like
my wife. This bull is born and bred in my own house. I am able to
adduce four witnesses from the village in which he is being kept;
their statements will establish the fact that he belongs to me.’ In
a dispute of this sort the witnesses of him who was the first to
bring the suit into court will decide the suit. A. YagTiavalkya II,
1 7 J Vishnu VIII, 10.
f G 2