1. 1 When litigants are quarrelling in a court of justice, the judges, after examining the answer, shall adjudge the burden of proof to either of the two parties.
2. The judges having heard both the plaint and the answer, and determined to which party the burden of proof shall be adjudged, that person shall substantiate the whole of his declaration by documents or other proofs.
3. The plaintiff shall prove his declaration, and
5. 5 One who absconds after receiving the summons; one who remains silent; one convicted (of a crime) by the (depositions of) witnesses; and one who admits the correctness of the charge: such are the four losers of their suit.
6. 6 One who absconds loses the suit after three fortnights; one who remains silent, after a week; and one convicted by the witnesses, or confessing his crime, all at once.
7. He who announces witnesses and does not produce them afterwards, within thirty days or three fortnights, suffers defeat in consequence.
8. 8 When a person has promised to appear at a trial or for the performance of an ordeal, and does not make his 'appearance, it must not be viewed as fraud.
9. 9 If an obstacle caused by fate or the king should intervene during that time, he does not lose his cause through the mere non-observance of the fixed period.
10. 10 Those (litigants) who make a private arrangement with one another, when the plaint and the
12. 12 While both .parties are in suspense there regarding the (approaching declarations of the) witnesses and judges, those litigants are clever who arrive at a mutual understanding while the uncertainty lasts.
13. When the evidence is equally strong on both sides, and law and custom divided, in such a case a mutual reconciliation between the two parties through royal order is recommended.
14. Gain of religious merit and wealth, and renown accrues to the ruler from an equitable decision; the witnesses and assessors are exempt from censure, and enmity ceases,
15. When an unfavourable or a favourable decree, punishment or praise, renown or infamy has been obtained; whereas (continued) strife among men leads to sin.
16. Therefore should an intelligent (prince) enact that which has been propounded by dutiful and equitable associations, corporations, and chief judges, (in an impartial spirit) devoid of malice and avarice.
18. Human evidence is threefold, as it consists of witnesses, writings, and inference. Witnesses are of twelve sorts; writings are declared to be tenfold; inference is twofold; divine test. is ninefold.
19. 19 In the case of an answer of the first or third kinds, divine and human proof should be employed; but in the case of an answer of the fourth kind, an attested document recording the success of either party should be produced.
20. 20 In the cases of a plea of former judgment and of a special plea, the defendant shall prove the contents of his answer; but in the case of a denial, the plaintiff shall prove the contents of the plaint.
294:1 V, 1-3. Vîram. pp. 92, 93.
295:4 Vîram. p. 99.
295:5 Vîram. p. 102.
295:6 6, 7. Vîram. p. 102.
295:8 Vîram. p. 103. I read kritvopasthânaniskayam | with Smritikandrikâ.
295:9 Vîram. p. 103.
295:10 Vîram. p. 103.
296:11 11-16. Vîram. p. 104. Read dvayoh samtaptayoh in 11, with Smritikandrikâ.
296:12 The translation follows the gloss of the Kalpataru, as quoted in the Vîramitrodaya. The Ratnâkara (ibid.) translates the first half as follows: 'When the witnesses and judges are at variance with one another.'
297:19 Smritik. prathame vâ tritîye vâ pramânam daivamânusham | uttare syâk katurthe tu sasâkshi gayapattrakam || An answer of the first kind is a denial; an answer of the third kind is a confession; an answer of the fourth kind is a plea of former judgment.
297:20 Smritik. prâṅnyâye pratyavaskande pratyarthî sâdhayet svakam | uttarârtham pratigñârtham arthî mithyottare punah ||
The Pyramid Texts: The Pyramid Texts: 59. A Series of Unclassifiable Fragments, Utterances 705-714
229 words
Hinduism
3K words
Ancient Fragments
Fragments of a Faith Forgotten
Fragments that Remain of the Lost Writings of Proclus
The Zend Avesta, Part III: (SBE 31) The Yasna, Visparad, Âfrînagân, Gâhs and Miscellaneous Fragments