DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0123
I, 229.
EXHORTING THE WITNESSES.
95
for the murderer of a Brahman, and those which
await the murderer of a woman or child, and the
regions awaiting an ungrateful man, are reserved
for a false witness.
226. There is no higher virtue than veracity, nor
heavier crime than falsehood. A man must speak
truth therefore, particularly when he has been ap-
pointed to give evidence.
* 227. There are two ancient verses (which run
as follows) : ‘ If a man is base enough to speak falsely
in regard to the affairs of a stranger, what may not
such a wretch be expected to do, fearless of hell,
where his own welfare is concerned ?
* 228. All affairs are connected with speech, have
speech for their root, and depend on speech. He
who steals a good speech (by violating truth) is
capable of committing any theft (or other crime).’
16. Valid Evidence.
229. Where there is conflicting evidence, the
plurality of witnesses decides the matter. If the
number of witnesses is equal (on both sides), the
testimony of those must be accepted as correct,
228. ‘ Theft ’ is a very wide term under the Hindu law. The
Code of Manu includes in the denomination of theft, forgery of
documents and of coins, unlawful sales, and dishonesty generally.
For hitazzz one might read hi tazzz, ‘ For he who steals speech.’ Manu
IV, 256.
229. Manu VIII, 73; Yagnavalkya II, 78; Vishwu VIII, 39.
229, 230. Where witnesses endowed with a good memory are
found on both sides in equal numbers, evidence based on recollec-
tion is incapable of influencing the decision of the suit. The
witnesses must not be examined, and the above rule comes into
force, that the witnesses become incompetent, because they do not
agree with one another. A. See par. 161.
EXHORTING THE WITNESSES.
95
for the murderer of a Brahman, and those which
await the murderer of a woman or child, and the
regions awaiting an ungrateful man, are reserved
for a false witness.
226. There is no higher virtue than veracity, nor
heavier crime than falsehood. A man must speak
truth therefore, particularly when he has been ap-
pointed to give evidence.
* 227. There are two ancient verses (which run
as follows) : ‘ If a man is base enough to speak falsely
in regard to the affairs of a stranger, what may not
such a wretch be expected to do, fearless of hell,
where his own welfare is concerned ?
* 228. All affairs are connected with speech, have
speech for their root, and depend on speech. He
who steals a good speech (by violating truth) is
capable of committing any theft (or other crime).’
16. Valid Evidence.
229. Where there is conflicting evidence, the
plurality of witnesses decides the matter. If the
number of witnesses is equal (on both sides), the
testimony of those must be accepted as correct,
228. ‘ Theft ’ is a very wide term under the Hindu law. The
Code of Manu includes in the denomination of theft, forgery of
documents and of coins, unlawful sales, and dishonesty generally.
For hitazzz one might read hi tazzz, ‘ For he who steals speech.’ Manu
IV, 256.
229. Manu VIII, 73; Yagnavalkya II, 78; Vishwu VIII, 39.
229, 230. Where witnesses endowed with a good memory are
found on both sides in equal numbers, evidence based on recollec-
tion is incapable of influencing the decision of the suit. The
witnesses must not be examined, and the above rule comes into
force, that the witnesses become incompetent, because they do not
agree with one another. A. See par. 161.