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If there are doubts regarding the matters of vyavahara between plaintiff and defendant the case should be determined on the basis of witnesses who listenes and views the trial.

146 Who is witness? The one who sees with his eyes and hears with his ears, is a witness. Witnesses are of two types. The one who is written in lekhya or statement is Krtasaksi, other one who is not written in lekhya is Akrtasaksi. Brihaspati says, the twelve types of witnesses are Likhita, Lekhita, Guda, Smaritha, Kulya Dutaka, Yadrcika, Uttara, Karyamadhyagatha, King, Adyaksa and Gramajanah. One who writes his own name, with caste and his house name and statement in Lekya, 'I am the witness' is called Likhitasaksi. If two persons have decided the case and the nearby person is called on and if he says 'I am the witness' and he writes his own name that is Lekhitasaksi. Gudasaksi is one who hears the act crimes such as borrowing money, hiding behind the wall and claims what was heard is true. Smarithan is one who reminds again and again that he is the witness for buying and selling in front of the one who sees the act. One who sees the act. One who participate in the partition deeds and act as intermediary between the two and act as Dharmajna becomes Kulyasaksi. One who is listening to the matters and is called up

147 on to say witness, he approves the both party in assembly, and he is Dutaka. On the occasion of the trial between the plaintiff and defendant if one is called up on by chance to say witness, he is called Yadrscikasaksi. If the original witness is facing absence due to threat of death or exile and he authorizes another to say his part, he is called Uttarasaksi. Even after hearing the parts of plaintiff and defendant, the witness conceal the real fact in his mind, he is considered as Karyamadhyaka. The king even after hearing and acting as witness and settles the dispute and the dispute arise again, king himself should be the witness. Chief justice is becoming witness like this even after settling Vyavahara in front of the courtiers, in case a dispute arises for the same, chief justice becomes the witness. Villagers become witness in the boundary disputes about land, house etc. The witness number should be between seven or nine. Veda Sastras should be taken as supreme evidence. No witness should be taken as supreme evidence. Plaintiff and defendant

148 can trial only the persons who know Dharma. Narada says, there is no particular time for crossing witness. Any sort of questions can be asked to witness. Witness can express his evidence even if he is old or before his memory is lost. People incapable for being witness are as follows- saints, old aged-persons, priests thieves, adventures people, betting and gambling poeple, cruel people cheaters, people delivering false truths etc. In courts, witness should not change their words. Witness should only be brought to the court with the permission of plaintiff and defendant. According to the above mentioned persons coming forward expressing willingness to be the witness is known as suci or swayamuktan, as mentioned in Veda Sastras. People unfit for witnesses are women, children, old people, cheaters, dancers, deaf people, blind people, pasandi mathas and people delivering untruth etc even if no witness is available, people belonging to above, should not be taken.