Vyavaharamala: a text on Indian jurisprudence
by P. V. Rajee | 2008 | 63,341 words
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....
14. Evidence collection (Kriyapada)
The evidence should be colleted after knowing the answers of plaintiff and defendant on the light of written documents and witnesses. Katyayana mentions about Sadhyasadhana. The matter-complaint by plaintiff is Sadhya, where as the matters by which Sadhya is acquired is called Sadhana. In the same manner, if there is deficiency in the collection of evidence, they will be nullified. The trial is nullified if the documents are not produced at the time of questioning and answering sessions. Even though they are presented after the session, they are not being considered. The documents produced at the improper time are useless as the crops become useless due to rain at the wrong time, Yajnavalkya says when the documents are trialed with proof and it has positive result it shows success otherwise the lack of producing evidence at the time of the trial it happens like a effect-less condition.
142 Brihaspati mentions: documents are of two types Divya Pramana and Manusa Pramana. Sages say that each of this has many categories. Brihaspati mentions Manusa Pramana is divided into three divisions - Saksi, Likhitha and Anubhava. Divya Pramana is divided into nine categories. These are truthful. Witness are twelve types, written documents are ten types, experiences are of two types, Divya Pramana are of nine types, these are the other varieties of Pramanas. Vyasa mentions the Karyasidhi (result) can be determined on the basis of experience even though there are not any written documents. Yajnavalkya says among Pramana, the first one is the Lekhya (written documents), second one is Anubhava (experience) and third one is saksi (witness). If there is lack of the above mentioned three Pramanas the Divyapramana should be considered. Narada says that d Divyapramana will not be considered in the cases which happens in day or in village or towns. Katyayana says Manusa Pramana should be determined in the case where among plaintiff and defendant are arguing for
143 written Saksyadipramana and others. Divya Pramana should not be considered for the above mentioned matters. If one determine Manusa Pramana for considering such vyavahara it should only be considered. For example even after lending money to one person, the concerned borrower denies it and if there are witnesses, the plaintiff can trial the case with the help of witness. If there is witnesses on the part of plaintiff, the case will be settled. In the case of disputes regarding way (road), even though there are no written documents or witnesses, Anubhava Pramana should be used. This (Anubhava Pramana) is more effective than written documents, even if there is written documents which states that he has bought the land for the way or the the road. Apart from that, if there are witnesses, their words can be taken into consideration and the case can be settled. In civil law, 'Divya Pramana' is not allowed in cases of vyavahara concerned with land and quarreling. If there is no Manusa Pramana in the cases of theft, taking of things by force
144 etc Divya Pramana should be taken into consideration. In vakparusya and dandaparusya, manusa pramana should not be should be taken in to considered, but Divya pramana consideration. The matter should be determined by taking one of the varieties of Divya pramana If there is no written document, witness and experience will come to help to determine the case. Similarly king should determine the matters of great sin on the basis of complaints and witnesses. In the matters concerning social disputes, the written documents in palm leaf should be given more consideration than witnesses and Divya pramana Lekhyam (written statements), Saksi (witness) would not be taken as pramana . Vyasa says the matters are two types, those are Aprakasa (secrecy) and Prakasa (open or public). Here, the matters with secrecy should be determined by Divya pramana and the public matters should be determined with witnesses and pramanas.
145 If there is suspicious case of written documents, witnesses and experience; will be accepted in the Divya pramana and the case should be settled. Narada says, In the incidents of robbery, theft etc occured in any lonely places like forest and at night should be considered by the Divya pramana. Divya pramana should be taken into consideration if witnesses are equal on both sides in the case regarding murder. If plaintiff takes Divya pramana even though there are witness questions should not be asked to them about the same incidents, the matter should be determined on the basis of Divya pramana. For e.g. if defendant denies the document written with name and place by plaintiff, Divya pramana should be taken and thus the matter should be determined.