________________
VIII, 66.
265
63. Trustworthy men of all the (four) castes (varna) may be made witnesses in lawsuits, (men) who know (their) whole duty, and are free from covetousness; but let him reject those (of an) opposite (character).
64. Those must not be made (witnesses) who ! have an interest in the suit, nor familiar (friends), companions, and enemies (of the parties), nor (men) formerly convicted (of perjury), nor (persons) suffering under (severe) illness, nor (those) tainted (by mortal sin).
CIVIL AND CRIMINAL LAW; DEBTS.
65. The king cannot be made a witness, nor mechanics and actors, nor a Srotriya, nor a student of the Veda, nor (an ascetic) who has given up (all) connexion (with the world),
66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden
64. Who have an interest in the suit' (Nâr.) means according to Medh., Gov., Kull., and Râgh. 'connected by money, i. e. creditors or debtors of the parties,' or according to Nand. 'men who have received benefits from one of the parties.' Sahâya, 'companions,' i.e. ' sureties and the like' (Medh.), or 'servants' (Kull., Nâr.). Drishtadosha,' men formerly convicted (of perjury),' (Medh., Gov., Kull., Nâr., Râgh., Nand.), may according to Medh. also mean 'men who have been convicted (of any serious offence).' Men afflicted with serious illnesses must not be made witnesses, because such men are liable to become angry or to forget and thus to give false evidence (Medh.). Dushita, 'tainted,' i. e. by mortal crimes or numerous smaller offences (Medh., Kull., Râgh.), means according to Nâr. and Nand. Abhisastas, 'those accused of such crimes.'
65. Kusîlava, 'actors' (Nâr.), or 'dancers, musicians, and singers' (Medh.), or 'actors and so forth' (Gov., Kull.), or ' singers' (Nand.). A Srotriya, or Brahmana learned in the Vedas, cannot be made a witness, because he has to attend to his studies and to the Agnihotra (Medh., Kull., Nâr., Râgh., Gov., Nand.). The same remark applies to the last two classes. Lingastha, a student,' includes according to Nâr., Gov., Nand., Medh. also ascetics.'
66. 'One wholly dependent,' i. e.' a slave by birth' (Medh., Gov.,
Digitized by
Google