Sacred Texts  Hinduism  Index  Previous  Next 
Buy this Book at

The Minor Law Books (SBE33), by Julius Jolly, [1889], at


1. 1 When the plaint has been well defined, a clear exposition given of what is claimed and what not, and the meaning of the plaint fully established, (the

p. 293

judge) shall then cause the answer to be written (by the defendant).

2. 2 If the defendant does not make an answer fully meeting the contents of the plaint, he shall be compelled to pay by gentle remonstrances, and the other (two) methods (to be indicated directly).

3. Kindly speeches are gentle remonstrances; intimidation is pointing out dangers; force consists of depriving one of his property, or striking, or binding him.

4. When a man makes no answer, though both (mild and harsh methods) have been adopted against him, he is defeated, and liable to punishment after the lapse of a week.

5. 5 When the defendant asks for a delay through (natural) timidity, or terror, or because his memory has been deranged, the delay shall be granted to him.

6. He should be allowed (a delay extending to) one day, or three days, or five days, or seven days, or a fortnight, or a month, or three seasons (equalling six months), or a year, according to his ability.

7. 7 The insane and intoxicated, those abandoned by their relatives or friends, those charged with a heavy crime, idiots, persons cast off from society, and infants, should be considered unable to deliver an answer.

8. 8 One should not cause to be written an answer

p. 294

which wanders from the subject, or which is not to the point, too confined or too extensive, or not in conformity with the plaint, or not thorough enough, or absurd, or ambiguous.

9. 9 If (the defendant) confesses, he shall state his confession; in the case of a denial, he shall cause (his denial) to be written; and so (should he record) his special plea in an answer by special plea, and his previous victory in an answer by previous victory.

10. A denial called forth by fear (of punishment) is contemptible in the eyes of men familiar with law; a true confession is declared to be meritorious.

11. In a plea by victory in a former trial, a true statement is praised by the virtuous; a false one is sinful and causes the defeat of the defendant.


292:1 IV, 1. Vîram. p. 72.

293:2 2-4. Vîram. p. 74.

293:5 5, 6. Vîram. p. 138.

293:7 Tod. unmattamattanirdhûtâ mahâpâtakadûshitâh | gadâpaviddhabâlâs ka vigñeyâs te niruttarâh || Such persons should appoint an agent to deliver the answer in their place. Tod.

293:8 Smritik. prastutânyam ka madhyastham nyûnâdhikam asamgatam | avyâpyasâram samdigdham pratipaksham na lekhayet ||

294:9 9-11. Tod. tathye tathyam prayuñgîta mithyâyâm kâpi lekhayet | kâranam kâranopete prâggaye tu gayam tathâ || bhayadrishtodbhavâ mithyâ garhitâ sâstravedibhih | satyâ sampratipattis tu dharmyâ sâ parikîrtitâ || prâṅnyâyakarane tathyam slâghyam sadbhir udâhritam | viparîtam adharmyam syât pratyarthî hânim âpnuyât ||

Next: V. The Trial