DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0519
A.D. 1797.]
REGULATION IV.
461
See Sec. vi.
Reg. VI. 1832.
Xiv/l81(h^'
See Reg. X.
1799.
Reg. X. 1799,
and Act XXIX.
1837.
latter case, the legal penalty to which the prisoner is liable : and the Court
of Nizamut Adawlut, after considering their futwah so given, with the
whole of the proceedings on the case, are either to require further evidence
if they see occasion, or to pass such final sentence as may appear consonant
to justice and conformable to the Mahomedan law; with the exceptions
and modifications which have been, or may be authorized by the Regula-
tions, and subject to the several provisions therein contained. If in any
case not provided for by the Regulations, the Mahomedan law appear to
the court repugnant to justice, they are notwithstanding to adhere thereto,
if in favour of the prisoner, in the case before them, or if against the
prisoner [At % pGr&uz or mzAqaAwz o/* Ac A Ac
GorcrM07'-Gc7zcrc7 A EAmcA], and at the same time to propose a new
Regulation to provide against a recurrence of the case, in the form pre-
scribed by Regulation XX. 1793.*
V. In consequence of two men of the Sutar caste having been convicted
of the murder of five women said to have practised sorcery, a procla-
mation to the following effect was published in February, 1792, and
September, 1794, and is now enacted into a Regulation, conformably to
Regulation XLI. 1793.
VI. If any person or persons of the Sutar caste, or of any other caste or
persuasion, within the Company's provinces or the province of Benares,
shall hereafter put any person to death on the ground of his or her being-
versed in and practising sorcery, or on any other ground, such person or
persons, on being convicted of the crime, shall be held guilty of murder,
and be invariably punished accordingly; and if any persons shall either
actually form themselves into an assembly for the purpose of trying any
man or woman on a charge of witchcraft, or on any other charge, or shall
cause such assemblies to be held, and any person or persons shall, in con-
sequence, be put to death, they shall be considered as accomplices in the
murder, and be dealt with accordingly.
VII. In the examination of parties and witnesses before the UbzzzVv
q/Czz-czzA and also before the zillah and city magistrates, the following rules,
in addition to those already established, are to be strictly attended to.
Xccozztk All examinations of parties and witnesses are to be taken down
in the language and character in which the person examined may desire
to have the same recorded, and such person, whether party or witness, is to
be allowed to read the same when finished ; or if unable to read, it is to be
read to him ; after which, if he admit the record to be correct, he is to affix
his name or mark to it; and the judge, magistrate, or other officer before
whom such examination may have been taken, is to certify the same under
his official signature on the original record, as well as on a Persian trans-
lation thereof to be annexed to the original examination (in case the same
may have been taken down in any other language than the Persian), that
the proceedings may be complete for the perusal of the law officers of the
Cozz?V q/*f7zz-cz<;zY, as well as those of the Nizamut Adawlut, in the event of
the trials being referred to that court.
* The Mahomedan law in respect of murder and homicide is further modified by
Regs. VII. 1799, VIII. 1801, XVII. 1817, XII. 1825, and XII. 1829.
punishment to be re-
commended to the Go-
vernor - General in
Council.
be proposed to provide
against the recurrence
of the case.
Sutars or others con-
victed of putting to
death any person as a
sorcerer to be held
guilty of murder, and
punished accordingly.
assembly for the trial
of witchcraft to be con-
sidered accomplices.
Rules for the ex-
amination of parties
party.
Party to read it or
have it read, and if ap-
REGULATION IV.
461
See Sec. vi.
Reg. VI. 1832.
Xiv/l81(h^'
See Reg. X.
1799.
Reg. X. 1799,
and Act XXIX.
1837.
latter case, the legal penalty to which the prisoner is liable : and the Court
of Nizamut Adawlut, after considering their futwah so given, with the
whole of the proceedings on the case, are either to require further evidence
if they see occasion, or to pass such final sentence as may appear consonant
to justice and conformable to the Mahomedan law; with the exceptions
and modifications which have been, or may be authorized by the Regula-
tions, and subject to the several provisions therein contained. If in any
case not provided for by the Regulations, the Mahomedan law appear to
the court repugnant to justice, they are notwithstanding to adhere thereto,
if in favour of the prisoner, in the case before them, or if against the
prisoner [At % pGr&uz or mzAqaAwz o/* Ac A Ac
GorcrM07'-Gc7zcrc7 A EAmcA], and at the same time to propose a new
Regulation to provide against a recurrence of the case, in the form pre-
scribed by Regulation XX. 1793.*
V. In consequence of two men of the Sutar caste having been convicted
of the murder of five women said to have practised sorcery, a procla-
mation to the following effect was published in February, 1792, and
September, 1794, and is now enacted into a Regulation, conformably to
Regulation XLI. 1793.
VI. If any person or persons of the Sutar caste, or of any other caste or
persuasion, within the Company's provinces or the province of Benares,
shall hereafter put any person to death on the ground of his or her being-
versed in and practising sorcery, or on any other ground, such person or
persons, on being convicted of the crime, shall be held guilty of murder,
and be invariably punished accordingly; and if any persons shall either
actually form themselves into an assembly for the purpose of trying any
man or woman on a charge of witchcraft, or on any other charge, or shall
cause such assemblies to be held, and any person or persons shall, in con-
sequence, be put to death, they shall be considered as accomplices in the
murder, and be dealt with accordingly.
VII. In the examination of parties and witnesses before the UbzzzVv
q/Czz-czzA and also before the zillah and city magistrates, the following rules,
in addition to those already established, are to be strictly attended to.
Xccozztk All examinations of parties and witnesses are to be taken down
in the language and character in which the person examined may desire
to have the same recorded, and such person, whether party or witness, is to
be allowed to read the same when finished ; or if unable to read, it is to be
read to him ; after which, if he admit the record to be correct, he is to affix
his name or mark to it; and the judge, magistrate, or other officer before
whom such examination may have been taken, is to certify the same under
his official signature on the original record, as well as on a Persian trans-
lation thereof to be annexed to the original examination (in case the same
may have been taken down in any other language than the Persian), that
the proceedings may be complete for the perusal of the law officers of the
Cozz?V q/*f7zz-cz<;zY, as well as those of the Nizamut Adawlut, in the event of
the trials being referred to that court.
* The Mahomedan law in respect of murder and homicide is further modified by
Regs. VII. 1799, VIII. 1801, XVII. 1817, XII. 1825, and XII. 1829.
punishment to be re-
commended to the Go-
vernor - General in
Council.
be proposed to provide
against the recurrence
of the case.
Sutars or others con-
victed of putting to
death any person as a
sorcerer to be held
guilty of murder, and
punished accordingly.
assembly for the trial
of witchcraft to be con-
sidered accomplices.
Rules for the ex-
amination of parties
party.
Party to read it or
have it read, and if ap-