{"collection":"Hinduism","html_url":"https://unchartedknowledge.5gfusion.net/browse/hin/sbe33/sbe3362.htm","path":"hin/sbe33/sbe3362.htm","source_url":"https://sacred-texts.com/hin/sbe33/sbe3362.htm","text":"The Minor Law Books (SBE33), by Julius Jolly, [1889]\n1. 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\njudge) shall then cause the answer to be written (by the defendant).\n2. 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).\n3. Kindly speeches are gentle remonstrances; intimidation is pointing out dangers; force consists of depriving one of his property, or striking, or binding him.\n4. 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.\n5. 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.\n6. 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.\n7. 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.\n8. 8 One should not cause to be written an answer\nwhich 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.\n9. 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.\n10. 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.\n11. 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.\n292:1 IV, 1. V\u00eeram. p. 72.\n293:2 2-4. V\u00eeram. p. 74.\n293:5 5, 6. V\u00eeram. p. 138.\n293:7 Tod. unmattamattanirdh\u00fbt\u00e2 mah\u00e2p\u00e2takad\u00fbshit\u00e2h | gad\u00e2paviddhab\u00e2l\u00e2s ka vig\u00f1ey\u00e2s te niruttar\u00e2h || Such persons should appoint an agent to deliver the answer in their place. Tod.\n293:8 Smritik. prastut\u00e2nyam ka madhyastham ny\u00fbn\u00e2dhikam asamgatam | avy\u00e2pyas\u00e2ram samdigdham pratipaksham na lekhayet ||\n294:9 9-11. Tod. tathye tathyam prayu\u00f1g\u00eeta mithy\u00e2y\u00e2m k\u00e2pi lekhayet | k\u00e2ranam k\u00e2ranopete pr\u00e2ggaye tu gayam tath\u00e2 || bhayadrishtodbhav\u00e2 mithy\u00e2 garhit\u00e2 s\u00e2stravedibhih | saty\u00e2 sampratipattis tu dharmy\u00e2 s\u00e2 parik\u00eertit\u00e2 || pr\u00e2\u1e45ny\u00e2yakarane tathyam sl\u00e2ghyam sadbhir ud\u00e2hritam | vipar\u00eetam adharmyam sy\u00e2t pratyarth\u00ee h\u00e2nim \u00e2pnuy\u00e2t ||","title":"The Minor Law Books (SBE33): Fragments of Brihaspati: IV. The Answer","type":"page"}