Manusmriti
Major Sections
Scriptures

Manusmriti: The Laws of Manu

181. He who restores not his deposit to the depositor at his request, may be tried by the judge in the depositor's absence.

182. On failure of witnesses let the (judge) actually deposit gold with that (defendant) under some pretext or other through spies of suitable age and appearance (and afterwards demand it back).

183. If the (defendant) restores it in the manner and shape in which it was bailed, there is nothing (of that description) in his hands, for which others accuse him.

184. But if he restores not that gold, as be ought, to those (spies), then he shall be compelled by force to restore both (deposits); that is a settled rule of law.

185. An open or a sealed deposit must never be returned to a near relative (of the depositor during the latter's lifetime); for if (the recipient) dies (without delivering them), they are lost, but if he does not die, they are not lost.

186. But (a depositary) who of his own accord returns them to a near relative of a deceased (depositor), must not be harassed (about them) by the king or by the depositor's relatives.

187. And (in doubtful cases) he should try to obtain that object by friendly means, without (having recourse to) artifice, or having inquired into (depositary's) conduct, he should settle (the matter) with gentle means.

188. Such is the rule for obtaining back all those open deposits; in the case of a sealed deposit (the depositary) shall incur no (censure), unless he has taken out something.

189. (A deposit) which has been stolen by thieves or washed away by water or burned by fire, (the bailee) shall not make it good, unless he took part of it (for himself).

190. Him who appropriates a deposit and him (who asks for it) without having made it, (the judge) shall try by all (sorts of) means, and by the oaths prescribed in the Veda.

 

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