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

啶膏い啷嵿く啶�啶班�嵿ぅ啶� 啶� 啶膏ぎ啷嵿お啶多�嵿く啷囙う啶距い啷嵿ぎ啶距え啶�啶� 啶膏ぞ啶曕�嵿し啶苦ぃ啶� 啷�
啶︵�囙ざ啶� 啶班�傕お啶� 啶� 啶曕ぞ啶侧�� 啶� 啶掂�嵿く啶掂す啶距ぐ啶掂た啶о�� 啶膏�嵿ぅ啶苦い啶� 啷� 啷�啷� 啷�

satyamartha峁� ca sampa艣yed腻迟尘腻苍补尘atha s膩k峁�i峁嘺岣� |
de艣a峁� r奴pa峁� ca k膩la峁� ca vyavah膩ravidhau sthita岣� || 45 ||

When engaged in judicial proceedings, the king shall keep his eye upon the truth, upon the object, upon himself, the witness and upon the place, the time and the aspect.鈥�(45)

 

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

鈥�When engaged in鈥欌�攄ealing with鈥斺��judicial proceedings鈥欌�� the king shall attend, not only to the mere letter of the suit itself, but also to truth, etc.

(a) 鈥�Keep his eye upon the truth鈥�;鈥攅ven though the plaintiff or the defendant, through shyness, may not have stated his case fully, yet if the king is enabled,鈥攅ither on the strength of other proofs, or by means of the 鈥榠nference鈥� mentioned above,鈥攖o find out what the actual facts of the case are, then he shall, by all means accept them,鈥攁nd not reject them, simply because the party concerned did not state them in full. This is what has been thus declared鈥斺�楬aving sifted all fraud, the king shall decide the case on facts.鈥� (驰腻箩帽补惫补濒办测补, 痴测补惫补丑腻谤补 19.)

(b) 鈥�Keep eye upon the object鈥�;鈥攖he term 鈥�artha,鈥� 鈥�object,鈥� denotes wealth or purpose. The meaning thus is that if he obtains a large amount of wealth (as the legal fee), then he shall even give up all other business of state and not hesitate to take up the ease brought up; in fact he shall begin the investigation at once. Or, the meaning may be that if some one tells him that the witnesses in the case, or some member of the Court, have received large amounts in bribe from such and such a party,鈥攖hen he should examine this statement in the following manner.鈥斺�業f the cause of the suit is insignificant, the acceptance of a large bribe is not possible;鈥攂ut if the cause is worth much, and the members of the court and the witnesses are in poor circumstances, then it is just possible鈥�; and the truth shall he found out by other means. This is to be done by making (c) 鈥�himself鈥� the 鈥�witness鈥� (d). That is to say, with a view to tracing out the bad characters in his kingdom, he shall get spies to find out the truth.

Or 鈥�having an eye upon himself鈥� (e) may mean that he must attend to his own circumstances,鈥�i.e., he should see whether his treasury is depleted or full.

Under this construction 鈥�witness鈥� is an independent word (and not in apposition to 鈥�himself,鈥� as in the former interpretation).

(e) 鈥�Having an eye upon the place鈥�;鈥攊n certain places even a small object becomes great, while in another even a great object becomes small. This is what is meant by 鈥�having an eye upon the place.鈥�

(f) Similarly he should have his eye upon the time also.

(g) 鈥�Aspect鈥� stands for the nature of the cause; he shall find out whether it is important or unimportant.

Others have explained the verse as follows:鈥斺�楬e shall find out the real nature of (a) the truth and (b) the object of the suit, by making (c) himself the witness (d); that is to say, he shall find out that truth is more important than any object, since it accomplishes very important ends and is useful in both worlds, and hence he should always have recourse to truth, and ignore the object, which is devoid of essence. (e) 鈥�Place,鈥� in this case stands for heaven and the other regions, obtainable by means of truth; (f) 鈥�time鈥� for a prolonged stay in other regions, and (g) 鈥�aspect鈥� for the beauty of the celestial damsels. And the reverse of all this is obtained by the renouncing of truth and the following of other objects.鈥�(45).

 

Explanatory notes by Ganganath Jha

鈥�Artham鈥欌�擳he value of the suit and the motive behind it鈥� (Medh膩tithi);鈥斺�榮uch suit as deals with things of value, like cattle, gold and the like鈥� (Kull奴ka);鈥斺�榤oney realisable by fine鈥� (N膩r膩ya峁嘺);鈥斺�榯he aim鈥� (Nandana).

鈥�膧tm膩nam s膩k艣i峁嘺m鈥欌�斺�楲ooking upon himself as the witness鈥�; or 鈥榣ooking upon his own position, and that of the witness adduced鈥� (Medh膩tithi);鈥擪ull奴ka and others have the latter explanation only.

^鈥�De艣am k膩lam鈥欌�斺�楥onsiderations of the place and time of the offence committed鈥� (Medh膩tithi and R膩ghav膩nanda); 鈥榳hat is befitting the time and place鈥� (Kull奴ka);鈥斺�榗ustoms of the country and what is befitting the time鈥� (N膩r膩ya峁嘺); 鈥榩lace of offence and age of the offender鈥� (Govindar膩ja); 鈥楬eavy and continued residence there鈥� (鈥榦thers鈥� in Medh膩tithi).

鈥�搁奴辫补尘鈥欌�斺�楢spect of the case鈥� (Medh膩tithi, Kull奴ka and Nandana);鈥斺�榣ooks of the parties鈥� (Nar膩ya峁嘺 and R膩ghav膩nanda);鈥斺�榖eauty of the celestial damsels鈥� (鈥榦thers鈥� in Medh膩tithi),

This verse is quoted in 碍峁泃测补办补濒辫补迟补谤耻 (p. 5a), which has the following notes:鈥斺��Satyam pa艣yet鈥�, the meaning is that even though the statements of the two parties are not clear enough to justify a decision, yet if, by inference and other means, the king is able to form some decision, he should fix upon that;鈥斺��artham鈥�, gold, cattle and other kinds of property;鈥斺��腻迟尘腻苍补尘鈥�, he should look upon himself as participating in the effects of the trial;鈥斺��谤奴辫补尘鈥�, form of the object in dispute, i.e., its importance or otherwise.

 

Comparative notes by various authors

驰腻箩帽补惫补濒办测补 (2.19).鈥斺�楾he King shall investigate suits, by setting aside mistake or casuistry by facts.鈥�

狈腻谤补诲补 (1.29-31).鈥斺�楾ruth rests on true facts; Error is what rests on mistake of facts. Ordeals even are rendered nugatory by artful men; therefore let no mistake be committed in regard to place, time, quantity and so on. A king who acts justly must reject error when it is brought forward and seek truth alone; because prosperity depends on due performance of duty.鈥�