Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (1): Regulations from 1793 to 1805 (London, 1854)

452

REGULATION XI.

[A.D. 1796.

Reg. XI. 1796.



A.D. 1796. REGULATION XI.*
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I. THE rules laid down in Regulation IV. 1793, for the punishment of
resistance to the processes of the Zillah and City Civil Courts, not having
been extended to the Criminal Courts, nor any rule prescribed for com-
pelling the appearance of persons charged with acts of a criminal nature,
who may abscond or otherwise evade the processes issued against them ;
and experience having shown the necessity of a provision for these cases,
both to maintain the just authority of the zillah and city magistrates and
police officers, and to prevent an evasion of their processes by bight, con-
cealment, or otherwise; the Governor-General in Council has therefore
enacted the following rules, to be considered in force from the period of
their promulgation in the several zillahs and cities in the provinces of
Bengal, Behar, Orissa, and Benares.
II. Az7tsA If any person amenable to the authority of the zillah and''
city magistrates or police officers shall resist, or cause to be resisted, any
warrant, order, or other process of any zillah or city magistrate or police
officer, the magistrate of the zillah or city in which such resistance may
have been made, on the same being charged on oa;V, shall, if practicable,
cause the party accused to be apprehended and brought before him to
answer to the charge. If the party shall abscond or conceal himself so
that he cannot be apprehended, or if, on any account, he cannot be imme-
diately apprehended, the magistrate is to cause a written proclamation (in
the Persian and Bengal languages, if it be in Bengal or Orissa, or in
the Persian and Hindostanee languages, if it be in Behar or Benares),
requiring the party to appear to answer the charge against him within a
fixed period, not less than one month, to be publicly read and proclaimed
by beat of drum, and to be affixed in some conspicuous part of his
cutcherry, as well as on the outer door of the house in which the party
may have usually dwelt, or some conspicuous place in the village in which
he may have generally resided. If the party charged as above cannot be
apprehended, and shall not, within the period fixed by proclamation, appear
to answer the charge against him, or if he shall be apprehended or shall
appear in pursuance of the proclamation, and after receiving his answer to
the charge, and hearing the evidence he may adduce in his defence, it
shall be proved to the satisfaction of the magistrate that he is guilty of
the charge, the magistrate is to pass judgment against him in the following
manner. ^
* Section iv. Regulation IX. 1801, declares the offence of resistance to process bailable,
on any stage of inquiry, or after sentence pending reference to the Sudder Court, and
Sec. v. declares that if the offence be slight, magistrates may punish it under Sec. viii.
Reg. IX. 1793.

This section
is modified by
XX. 1817.R "

XXIX. 1837^