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VIII, 75. CIVIL AND CRIMINAL LAW; PROCEDURE. 267
may be given in such cases) by a woman, by an infant, by an aged man, by a pupil, by a relative, by a slave, or by a hired servant.
71. But the (judge) should consider the evidence of infants, aged and diseased men, who (are apt to) speak untruly, as untrustworthy, likewise that of men with disordered minds.
72. In all cases of violence, of theft and adultery, of defamation and assault, he must not examine the (competence of) witnesses (too strictly).
73. On a conflict of the witnesses the king shall accept (as true) the (evidence of the) majority; if (the conflicting parties are) equal in number, (that of) those distinguished by good qualities; on a difference between (equally) distinguished (witnesses, that of) the best among the twice-born.
74. Evidence in accordance with what has actually been seen or heard, is admissible; a witness who speaks truth in those (cases), neither loses spiritual merit nor wealth.
75. A witness who deposes in an assembly of honourable men (Årya) anything else but what he has seen or heard, falls after death headlong into hell and loses heaven.
73. Vi. VIII, 39; Yâgñ. II, 78, 80. "The best of the twiceborn,' i.e. Brahmanas' (Gov., Nâr.), or particularly distinguished Brahmanas, who fulfil their sacred duties' (Kull., Ragh.).
74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15; Vas. XVI, 36; Vi. VIII, 13-14.
74. 'Nor wealth,' i.e. he will not be fined.'
75. In an assembly of honourable men,' i.e. in court (Medh.), or 'in an assembly of Brahmanas' (Gov.). "And loses heaven,' i. e. which he may have earned by good works (Medh., Gov., Kull., Nand.), or even after passing through hell, he cannot get into heaven, because his merit is extinct' (Nâr.).
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