THE CRIMINAL LAW OF INDIA. BY JOHN D. MAYNE, ESQ., OF THE INNER TEMPLE, BARRISTER-AT-LAW. MADRAS: HIGGINBOTHAM AND CO. By Appointment in India to His Royal Highness the Prince of Wales. CALCUTTA: THACKER, SPINK & CO.; BOMBAY: THACKER & CO.; LONDON: WM. CLOWES & SONS, LIMITED, 27, FLEET STREET. 1896. [All rights reserved.] PREFACE. THIS work is entirely different, both in arrangement and scope, from my Commentary on the Penal Code, which it will supersede. It is divided into two parts. The first contains the Indian Penal Code, with some notes, which seemed most suitably placed in connection with the text. References are appended to every section which is discussed in Part II., so as to enable the reader to find at once everything that has been said about it. In Part II. I have attempted to offer a methodized view of the Criminal Law at present administered in India, so far as it is based on the Penal Code, the Criminal Procedure Code, and the Evidence Act. I have not touched upon Local and Special Acts. I have only dealt with Procedure so far as it affects the actual trial and matters incident thereto. It will be observed that I have made a more extensive use of the decisions of the Civil Courts than is usual in works on Criminal Law. This seems to me necessarily to follow from a perception of the fact that Criminal Law is itself only a branch of the general law of the country. With the exception of purely statutory offences, nothing is a crime which has not previously been a wrong, and in most cases, before the accused can be convicted of a crime, it is necessary to show that he has committed an act which would be treated as illegal by a Civil Court. In England, |