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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 Commenceist 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.

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classified, and punishments appor- cealment after the fact of murder is
tioned, have been less regarded than punishable as murder :—the conceal-
in the legislation of Bengal and ment after the fact of gang-robbery
Madras. The secret destroying of is punishable es 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 atro-
years. Unlawful confinement, cious robberies committed by not
though it may last only for a quarter more than four persons, is not pun-
of 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 success-
putting off an unsound horse on a ful legislation has been the work of
purchaser, are classed together, and lawyers ;' Elements, $ 194.
ere liable to exactly the same punish- 1°ábú and Anádra, Ágar, Banga-
ment. Under this law, if two men lore, Baroda, Deoli, Dísah, Ellich-
concert a petty theft, and afterwards

pur, French Rocks, Gunáh, Indore repent of their purpose and abandon Residency, Naogaon, Nímach, Ráj. it, 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; Nagpur 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

it may

6

Personal application.

Extraterritorial operation.

Sec. 2 declares that every person’ shall be liable to punishment under the Code,' and not otherwise,' for violating its provisions in British India on or after the ist January, 1862. Here the words 'every person’ include members of ancient sovereign houses residing in British India', and subjects of foreign states entering that country; and there is no exception in favour of ambassadors or other public ministers of foreign princes. But notwithstanding sec. 11, they mean in most places natural persons, and do not include juridical persons, such as a corporation. A crime if committed by such a body is, as a rule, only punishable as committed by such members of it as took part in the act. The words 'and not otherwise' virtually repeal all former laws for the punishment of any offence made punishable by the Code . And the words 'on or after the ist of January, 1862,' leave offences committed before that day to be punished under the old regulations.

Sections 3 and 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 actó committed beyond those limits in the same manner as if it had been committed within them; and section 4 makes the Code apply to

1 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, 8. 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,

39: 37 Geo. III, c. 142, s. 11. 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. I-28. Carnatic (XXXVII of 1858), the 2 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, mes. 1862). 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

1886, p. 44.

3

sec. 32.

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 1 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.

a 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 (6) 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. 39 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

As defined in the Code of Criminal Procedure.

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267, and

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4. The Territorial Waters Jurisdiction Act, 1878 (41 & 42 Vic. c. 73).

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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
dies in India of a stroke etc. inflicted within the Admiralty juris-
diction, 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 con-
viction, 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 :

17 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.

SPECIAL LAWS.

Administrator General (II of 1874, Legal Practitioners (XVIII of 1879).

secs. 12, 47, 61).

Majority (IX of 1875).

Arms Act (XI of 1878).

Marriages (III and XV of 1872).

Articles of War (V of 1869).

Merchant Seamen (XIII of 1876).

Breach of Artificers' Contracts (XIII Merchant Shipping (18 & 19 Vic. c.

of 1859).

91, 25 & 26 Vic. c. 63, 30 & 31

Cantonments (III of 1880).

Vic. c. 124, Acts I of 1859, VII

Cattle-trespass (I of 1871).

of 1880, V of 1883).

Companies (VI of 1882, secs. 22, 35, Native Passenger Ships (VIII of

57, 66, 68, 69, 71, 75, 79, 80, 84,

1876).

86, 161, 215, 217, 252).

Obstructions in Fairways (XVI of

Contagious Diseases (XIV of 1868).

1881).

Coroners (IV of 1871, X of 1881). Opium (I of 1878).

Criminal Tribes (XXVII of 1871, Paper Currency (XX of 1882).

VII of 1876).

Passengers in Ships (16 & 17 Vic. c.

Customs (VIII of 1878).

84, Acts VIII of 1876, XVII of

Deserters (10 & 11 Vic. c. 62, secs. 9, 1883).
10, 12–17: 15 & 16 Vic. c. 26: Act

Penal Servitude (XXIV of 1855).

XI of 1856).

Dramatic Performances (XIX of

Petroleum (VIII of 1881).

Police (V of 1861).

1876).

Ports (XII of 1875, XVII of 1882).

Elephants (VI of 1879, III of 1883).

Post Office (XIV of 1866).

Emigration (XXI of 1883).

Prisoners (V of 1871, IX of 1882).

European Vagrancy (IX of 1874,

Public Servants (XXXVII of 1850).

secs. 14, 19–29).

Quarantine (I of 1870).

Excise on Spirits (XVI of 1863).

Explosives (IV of 1884).

Railways (IV of 1879, IV of 1883).

Extradition (XXI of 1879, IV of

Reformatory Schools (V of 1876).

Registration of documents (III of
1880).

Factories (XV of 1881).

1877).

Salt (XII of 1882).

Female Infants (VIII of 1870).

Saráis and Puraos (XXII of 1867).
Forfeiture by Mutineers (XXV of

Ship-Registry (X of 1841).
1857).

Ships, Destruction of, 24 & 25 Vic.

Foreigners (III of 1864).

Foreign Jurisdiction (XXI of 1879).

c. 97, secs. 42, 43, 56.

Slave-Trade (39 & 40 Vic. c. 46).

Foreign Recruiting (IV of 1874).

Forests (VII of 1878).

Soldiers' Arms (VII of 1867).

Fugitive Offenders (44 & 45 Vic. c.

Stamps (I of 1879).

State Offences (XI of 1857).

69).

State Prisoners (III of 1858).

Income-tax (II of 1886, secs. 34-37).
Indian Marine (47 & 48 Vic. c. 38).

Steam-Vessels, Inland (VI of 1884).

Insane Offenders (14 & 15 Vic. c.

Telegraph (XIII of 1885).

Treasure Trove (VI of 1878).

81).

Volunteer Corps (XX of 1869).

Insolvency (11 & 12 Vic. c. 21, secs.

Weights and Measures (XXXI of

34, 50, 58, 69, 70; XIV of 1882,

BEC. 359).

1871)".

* This Act, framed by General Strachey, has, unfortunately, not yet been
brought into force by the Executive.

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