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Chapter I then declares the title of the Code, the day on which it was to come into force, and its local extent. The day (originally Commence. ist May, 1861) was changed by Act VI of 1861 to ist January, 1862. The Code is in force throughout what is called · British Local India,' and though it did not at first apply to the Straits Settle-extent. ment, it was extended to that Settlement by Act V of 1867. The Code is also in force, by virtue of executive orders (express or implied), in the Pargana of Mánpur, the cantonment of Morár, Mysore, Ákalkot, Játh, the Haidarábád Assigned Districts, and several British cantonments in Native States'.
classified, and punishments appor
cealment after the fact of murder is tioned, have been less regarded than punishable as murder :-the concealin the legislation of Bengal and ment after the fact of gang-robbery Madras. The secret destroying of is punishable as gang-robbery :any property, though it may not and this, though the concealment be worth a single rupee, is punish- after the fact of the most cruel able with imprisonment for five mutilations, and of the most atroyears. Unlawful confinement, cious robberies committed by not though it may last only for a quarter more than four persons, is not punof an hour, is punishable with im- ished at all.... We have said enough prisonment for five years. Every to show that it is owing, not at all conspiracy to injure or impoverish to the law, but solely to the discretion any person is punishable with im- and humanity of the judges, that great prisonment for ten years; so that a cruelty and injustice is not daily man who engages in a design as perpetrated in the Criminal Courts of atrocious as the Gunpowder Plot, the Bombay Presidency.' As Dr. and one who is party to a scheme for Markby truly says, ' The only successputting off an unsound horse on a ful legislation has been the work of purchaser, are classed together, and lawyers;' Elements, $ 194. are liable to exactly the same punish- i Abú and Anádra, Ágar, Bangament. Under this law, if two men lore, Baroda, Deoli, Dísah, Ellichconcert a petty theft, and afterwards pur, French Rocks, Gunah, Indore repent of their purpose and abandon Residency, Naogaon, Nímach, Rájit, each of them is liable to twenty kot, Sikandarábád, and probably times the punishment of the actual others. It is in force as regards theft. All assaults which cause a subjects of Her Majesty in the Salt severe shock to the mental feelings Sources of the Rájputána Agency. of the sufferer are classed with the It has also been extended to the atrocious crime of rape, and are head-works of the Bhawalwahliable to the punishment of rape, that Lodran Canal (Bhawalpur), and to is, if the Courts shall think fit, to the lands in Native States occupied imprisonment for fourteen years. by the following railways : BhaunaThe breaking of the window of a gar-Gondal; Bombay, Baroda and house, the dashing to pieces a china Central India ; Great Indian Penincup within a house, the riding over a sula; Káthíawár; Madras; Nágpur field of grain in hunting, are classed and Chhatisgarh; Nizam's ; Western with the crime of arson, and are Rájputána-Malwa ; and Western punishable, incredible as
Rájputána. Outside India it is in appear, with death. . .
force, so far as regards subjects of Her "By the Bombay Code the con- Majesty, in Zanzibar by virtue of the
Sec, 2 declares that every person shall be liable to punishment
4 relate to the extra-territorial operation of the Code. The former section declares that any person liable ‘by any law passed by the Governor-General of India in Council' to be tried for an offence committed beyond the limits of British India shall be dealt according to the provisions of the Code for any
act 5 mitted beyond those limits in the same manner as if it had been committed within them; and section 4 makes the Code apply to offences committed by servants of the Queen (sec. 14) within the Zanzibar Order in Council of 1884; and Councils of Fort St. George and the legislature of Ceylon has recently Bombay, see 37 Geo. III, c. 142, s. II, enacted a Penal Code in which much and 39 & 40 Geo. III, c. 79, S. 3. As has been borrowed from the Indian to the Judges of the Supreme (High) Act; Law Quarterly Review, Jan. Courts, see 13 Geo. III, c. 63, ss. 17, 1886, p. 44:
39: 37 Geo. III, c. 142, 8. II. As to · As, for instance, the Nawab of the procedure in Parliament against Surat (Act XVIII of 1848), the Indian offenders, see 24 Geo. III, sess. Nawab Názim of Bengal (Act 2, c. 25, secs. 64-85: 26 Geo. III, c. XXVII of 1854), the Nawab of the 57, secs. 1-28. Carnatic (XXXVII of 1858), the · As to these messengers and their King of Oudh. This last-named domestic servants, see 7 Ann. c. 12, personage is, however, exempt from the secs. 3, 4, 6. The N. Y. Penal Code, jurisdiction of criminal courts except sec. 27, expressly exempts ambasfor capital offences (Act VIII of sadors, their families, secretaries, mes1862). The Governor-General and sengers and servants, and the Indian members of his Council are exempt Courts would probably hold them to from the criminal jurisdiction of be privileged by the law of nations. Indian High Courts, 13 Geo. III, They were expressly repealed by c. 63, secs. 15, 17: 21 Geo. III, c. 70, Act XVII of 1862, but, of course, sec. 1. Offences committed by them with proper savings as to offences are triable in England, 11 & 12 Wm. committed before Jan. 1, 1862. III, c. 12 : 13 Geo. III, c. 63, s. 39 : * 1 All. 599, 601; and see 2 Cal. 225. 21 Geo. III, c. 70, secs. 4, 5, 7. As 5 This extends to illegal omissions, to the exemption of the Governors and
dominions of any Native prince or foreign state in alliance with the Queen.
The effect of the words by any law passed' etc, is apparently to restrict the operation of section 3 to the classes specified in the Foreign Jurisdiction and Extradition Act, XXI of 1879, and the Criminal Procedure Code, that is to say, European British subjects committing offences in allied States in India, and Native Indian subjects of Her Majesty committing offences at any place outside British India.
Act XXI of 1879, sec. 9, declares that—'when a European British subject? commits an offence in the dominions of a Prince or State in India in alliance with Her Majesty, or when a Native Indian subject of Her Majesty commits an offence at any place beyond the limits of British India, he may be dealt with in respect of such offence as if it had been committed at any place within British India at which he may be found': provided that the Political Agent, if any, for the territory in which the offence is alleged to have been committed certifies that the charge ought to be inquired into in British India. The Criminal Procedure Code, Act X of 1882, sec. 188, contains a like provision.
This, it will have been seen, does not include (a) European British subjects who are not servants of the Queen and commit offences outside the limits of British India and of allied Indian States, as, for instance, on the high seas, and (b) foreigners who commit offences in foreign states, even though those offences take effect, or have a continuing operation, in British India. For the law (where there is any) applicable to such cases we must look to the following Charters and Acts of Parliament :
1. The Charters and Acts conferring Admiralty jurisdiction on the late Supreme and present High Courts at Calcutta, Madras, and Bombay, (33 Geo. III, c. 52, sec. 156 : 33 Geo. III, C. 155, sec. 110: 9 Geo. IV, c. 74, sec. 25: 12 & 13 Vic. c. 96: 13 & 14 Vic. c. 26: 24 & 25 Vic. C. 104, sec. 9: 26 & 27 Vic. c. 24 : 30 & 31 Vic. C. 45; and the Letters-Patent of 1865, secs. 32 and 33), and on the Mufassal Courts (12 & 13 Vic. c. 96, and 23 & 24 Vic. c. 88), or regulating that jurisdiction. See also the Merchant Shipping Act (17 & 18 Vic. c. 104, sec. 267, and 37 & 31 Vic. c. 124, sec. II) as to offences committed by masters, seamen, and apprentices on British ships, and 18 & 19 Vic. c. 91, sec. 21, as to all British subjects;
2. The Colonial Courts Act (37 & 38 Vic. c. 27), sec. 3 ; 3. The Slave-trade Act (39 & 40 Vic. c. 46); and
1 As defined in the Code of Criminal Procedure.
4. The Territorial Waters Jurisdiction Act, 1878 (41 & 42 Vic. c. 73).
The law applicable to extra-territorial offences depends on the plicable
Statute or Act under which they are tried. Thus in cases coming to extraterritorial under the Slave-trade Act, the Penal Code, sec. 4, Act XXI of offences. 1879, sec. 8, or Act X of 1882, sec. 18, the law applicable is the
Indian Penal Code. But in cases coming within the Admiralty jurisdiction of the High Courts the English criminal law applies generally? There is, however, a distinction in cases of homicide, according as the death happened on land or at sea. When any one dies in India of a stroke etc. inflicted within the Admiralty jurisdiction, every
offence committed in respect of such case may be dealt with as if it had been wholly committed in India. But when the death occurs at sea, or within the Admiralty jurisdiction, then 'such offence shall be held, for the purpose of this Act, to have been wholly committed upon the sea' (12 & 13 Vic. c. 96, sec. 3). 'In the former case, apparently,' says Mr. Mayne, 'the criminality would be tested by the Penal Code ; in the latter by the criminal law of England. Moreover, as to the punishment following on conviction, the Colonial Courts Act provides that when, by virtue of any existing or future Act of Parliament, any person is tried in a British Indian Court for any extra-territorial offence, he shall be liable to such punishment as might have been inflicted upon him if the offence had been committed within British India and the local jurisdiction of the Court, and to no other punishment; and that if the offence is not punishable by the law of British India, the offender shall be liable to such punishment (other than death) as seems to the Court most nearly to correspond to the punishment to which he would have been liable in case he had been tried in
England. Extradi- Where foreigners have committed certain crimes outside British tion,
India and are arrested within British India they may be delivered
up in pursuance of an international compact ?. Acts saved. Section 5 saves 3 & 4 Wm. IV, c. 85, and all subsequent Acts of
Parliament relating to India. It also saves the Mutiny Acts. It saves, lastly, special and local laws, which contain criminal enactments, and of which the principal appear in the following lists :
1 7 Bom. H. C. Cr. Ca. 128: i Ben. 0. Cr, 1: Mayne, P, C. (12th ed.), 14, 15.
* See the Extradition Acts, 33 & 34 Vic. c. 52, 36 & 37 Vic. c. 60 and c.
88, 8. 27, and the Indian Acts XXI of 1879 and IV of 1880.
3 The Army Act, 1881, 44 & 45 Vic. c. 58.
Female Infants (VIII of 1870).
Fugitive Offenders (44 & 45 Vic. c.
Legal Practitioners (XVIII of 1879).
Majority (IX of 1875).
Marriages (III and XV of 1872).
Merchant Seamen (XIII of 1876).
Merchant Shipping (18 & 19 Vic, C.
91, 25 & 26 Vic. c. 63, 30 & 31
Vic. c. 124, Acts I of 1859, VII
of 1880, V of 1883).
Native Passenger Ships (VIII of
Obstructions in Fairways (XVI of
Opium (I of 1878).
Paper Currency (XX of 1882).
84, Acts VIII of 1876, XVII of
Penal Servitude (XXIV of 1855).
Petroleum (VIII of 1881).
Police (V of 1861).
Ports (XII of 1875, XVII of 1882).
Post Office (XIV of 1866).
Prisoners (V of 1871, IX of 1882).
Public Servants (XXXVII of 1850).
Quarantine (I of 1870).
Railways (IV of 1879, IV of 1883).
Reformatory Schools (V of 1876).
Registration of documents (III of
Salt (XII of 1882).
Saráis and Puraos (XXII of 1867).
Ship-Registry (X of 1841).
Ships, Destruction of, 24 & 25 Vic.
c. 97, secs. 42, 43, 56.
Slave-Trade (39 & 40 Vic. c. 46).
Soldiers' Arms (VII of 1867).
Stamps (I of 1879).
State Offences (XI of 1857).
State Prisoners (III of 1858).
Steam-Vessels, Inland (VI of 1884).
Telegraph (XIII of 1885).
Treasure Trove (VI of 1878).
Volunteer Corps (XX of 1869).
Weights and Measures (XXXI of
This Act, framed by General Strachey, has, unfortunately, not yet been