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Essay name: Vyavaharamala: a text on Indian jurisprudence

Author: P. V. Rajee
Affiliation: Sree Sankaracharya University of Sanskrit / Department of Sanskrit Sahitya

This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society.

Chapter 5 - Vyavaharamala—General features based on text

Page:

42 (of 186)


External source: Shodhganga (Repository of Indian theses)


Download the PDF file of the original publication


Copyright (license):

Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0)


Warning! Page nr. 42 has not been proofread.

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 lēkhya or statement is Kṛtasākṣi, other one
who is not written in lēkhya is Akṛtasākṣi. Brh says, the twelve
types of witnesses are Likhita, Lēkhita, Gūḍa, Smāritha, Kulya
Dūtaka, Yādṛčika, Uthara, Kāryamadhyagatha, King, Adyakṣa
and Grāmajanah. One who writes his own name, with caste and
his house name and statement in Lēkya, 'I am the witness' is
called Likhithasākṣy. 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 Lēkhitasākṣi. Gūḍasākṣi is
one who hears the act crimes such as borrowing money, hiding
behind the wall and claims what was heard is true. Smārithan 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 Dharmajña becomes
Kulyasākṣy. One who is listening to the matters and is called up

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