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Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

啶呧う啷囙ざ啷嵿く啶� 啶�啶多�嵿�� 啶︵た啶多い啶� 啶ㄠた啶班�嵿う啶苦ざ啷嵿く啶距お啶灌�嵿え啷佮い啷� 啶� 啶�啶� 啷�
啶�啶多�嵿�氞ぞ啶оぐ啷嬥い啷嵿い啶班ぞ啶ㄠぐ啷嵿ぅ啶距え啷� 啶掂た啶椸��啶むぞ啶ㄠ�嵿え啶距さ啶�啷佮ぇ啷嵿く啶む�� 啷� 啷�啷� 啷�

ade艣ya峁� ya艣ca di艣ati nirdi艣y膩pahnute ca ya岣� |
ya艣c膩dharottar膩narth膩n 惫颈驳墨迟腻苍n膩vabudhyate || 53 ||

He who mentions the wrong place,鈥攐r who, having mentioned it, retracts,鈥攐r who does not understand that his previous and subsequent statements are contradictory;鈥�(53)

 

Medh膩tithi鈥檚 commentary (manubh膩峁�ya):

It has been said before that on the debtor denying the debt, the creditor complains to the King ,鈥�i e., the complaint shall be lodged in the form鈥斺�楢t such and such place, at such and such time, such and such an amount of money was borrowed from mo by this man鈥�;鈥攁nd on being questioned, he may say 鈥業 was not at the place at the time,鈥� referring to the place and time that have been alleged by him as those at which the money was borrowed: and in this case he 鈥榤entions the wrong place.鈥� Or, the term 鈥�诲别艣补鈥� may stand for the witness; and the text means 鈥榠f he cites as witness a person whose presence at the time and place of the transaction is impossible.鈥�

Having alleged the place, time, etc., 鈥�if he retracts,鈥欌�攕aying 鈥業 did not say this.鈥�

He who does not understand that his 鈥�previous statement鈥欌�攚hat he had alleged before鈥攁nd his 鈥�subsequent statement鈥欌�攚hat he alleges afterwards鈥攁re 鈥�contradidory鈥�;鈥攐r if he does not realise the discrepancy in his own behaviour.

鈥�Such a person shall be declared to have failed鈥欌�攖his verbal clause (occurring in verse 57) has to be construed with each verse (from 53 to 57).鈥�(53)

 

Explanatory notes by Ganganath Jha

Medh膩tithi is again misrepresented by Buhler; he does not read 鈥�补辫补诲别艣测补尘鈥�, the reading adopted by him being 鈥�a诲别艣补m鈥�. N膩r膩ya峁嘺 also reads the same, not 鈥�补辫补诲别艣测补尘.鈥欌�擭andana reads 鈥�adeyam鈥�, not 鈥�补辫补诲别艣测补尘.鈥� Buhler has apparently confused verse 53 with 54, where Medh膩tithi reads 鈥�apa诲别艣补m鈥� for 鈥�补辫补诲别艣测补尘.鈥�

This verse is quoted in 厂尘峁泃颈肠补苍诲谤颈办腻 (Vyavah膩ra, p. 108), which has the following explanation鈥斺�極ne who cites an impossible witness, or having cited a possible one, says that he has not cited him, or one who does not perceive inconsistencies in his own statement, is to be non-suited;鈥欌�攊n 碍峁泃测补办补濒辫补迟补谤耻 (p. 22b), which has the following notes:鈥斺��A诲别艣补m鈥� (which is its reading for 鈥�补诲别艣测补尘鈥�), a place where the parties have never met;鈥斺��adharottar膩n arth膩n鈥�, 鈥渇ormer and latter鈥濃�斺��惫颈驳墨迟腻苍鈥�, contradictory;鈥攁nd in 痴墨谤补尘颈迟谤辞诲补测补 (Vyavah膩ra, p. 31b), which adds the following notes:鈥斺��膧de艣y膩m dishati鈥�, 鈥榮ays what is irrelevant or indecorous,鈥攈e who having said something says he did not say it鈥欌�斺�榳ho does not comprehend the inconsistencies in his own past and present statements鈥�.

 

Comparative notes by various authors

(verses 8.53-57)

驰腻箩帽补惫补濒办测补 (2.16).鈥斺�業f one party tries to enforce his claim by himself, though it has been disputed,鈥攐r if on being called, he runs away, without saying anything, he should be non-suited and also fined.鈥�

碍腻迟测腻测补苍补 (厂尘峁泃颈肠补苍诲谤颈办腻-Vyavah膩ra, p. 107).鈥斺�業f a party on being directed to speak out, does not speak, he should be immediately confined; and on the next day he should be declared to be non-suited.鈥�

狈腻谤补诲补 (Apar膩rka, p. 621).鈥斺�業f a party proceeds to enforce his claim without applying to the King, he should be immediately punished and his claim not allowed.鈥�

狈腻谤补诲补 (2.32-33).鈥斺�極ne who takes to flight after haying received the summons, one who remains silent, one who is convicted of untruth by the deposition of witnesses, and one who makes a confession himself;鈥攖hese are the four kinds of persons defeated, avasanna. One who alters his former statements, one who shuns judicial investigation, one who fails to appear, one who makes no reply, one who absconds on receiving the summons;鈥攖hese are the five kinds of persons non-suited, 丑墨苍补.鈥�

狈腻谤补诲补 (2.41).鈥斺�楢 man convicted by his own confession, one defeated through his own conduct, one whom the judicial investigation has proved to be in the wrong,鈥攖hese three deserve to have their final defeat declared at the hands of judges.鈥�

叠峁沨补蝉辫补迟颈 (5.5-6).鈥斺�極ne who absconds after receiving the summons, one who remains silent, one convicted by the deposition of witnesses, and one who admits the correctness of the charge;鈥攖hese are the four losers of the suit. One who absconds loses the suit after three fortnights; one who remains silent, after a week; one convicted by the deposition of witnesses and one who has confessed, immediately.鈥�

碍腻迟测腻测补苍补 (Apar膩rka, p. 622).鈥斺�楢fter having declared his plaint, if he renounces it and says something else, then, having taken up a different position, he becomes non-suited. Having reduced his statement to writing, if subsequently he says something more or less than that, he becomes non-suited. After having preferred his claim, if he says I did not say this, or if he contradicts his former statement, he also should he declared to he non-suited. After having named his witnesses, if he, of his own accord, does not bring them up for deposition, he should be declared to be non-suited, after thirty days.鈥�