Clarke, Richard [Editor]: 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)

462

REGULATION IV.

[A.D. 1797.

Leading questions to
be avoided.


What the examina-
tions are to specify.


Rule to be applied
to circumstantial evi-

CoMrf o/ CircMff to
notice any variations in
before the magistrates
not to be read until the
witnesses shall have

7AA7. In the examination of witnesses, leading questions suggesting
an answer, or having tendency to such suggestion, are to he carefully
avoided, and the interrogatories to them are to be proposed in such general
terms as may bring forth all the information they possess and lead to a
discovery of the truth. With this view, the parties are to be allowed to
cross-examine the witnesses; and the judge or magistrate should also
cross-examine them, when necessary, tor the same purpose.
Abrn^M. All examinations of parties and witnesses, besides the name of
the person examined, are to specify the name of his or her father, and if
a married woman, the name of her husband, also the religion, caste, profes-
sion and age of the party or witness, and the village and pergunnah in
which they reside.
AY/M. When any stolen property or instruments of violence, stated to
have been found upon the prisoners or in their houses, are produced before
the magistrate or q/* CWgMA, the prosecutor, and any witnesses
brought to give evidence thereupon, are to be carefully examined relative
to the identity of such property or instruments recognized by them, and
the circumstances of the same having been found upon the prisoners or in
their houses. The principle of this rule is to be further applied in all
instances of circumstantial evidence to which it may be applicable.
7?7M. With a view to impress upon the witnesses the necessity of
caution and accuracy in delivering their evidence, it shall be the duty of
the Mullah-koranee, or of the Brahmin, to repeat aloud to them, in the
language which they best understand, the following admonition, imme-
diately after they shall have been respectively, viz. " In delivering
your evidence under the caM now administered, you are required to
declare the truth, the whole truth, and nothing but the truth. You are
carefully to distinguish what you personally know as an eye-witness, or
otherwise, from what you may have heard from others; and are solemnly
bound to answer all questions put to you on the trial before the court,
without any regard to the prosecutor or prisoner, to the best of your
information and belief."
Xg^gzzM. The q/ are to be careful to notice on their pro-
ceedings any material differences between the depositions of the same
witnesses before them and the magistrates, and are to question the wit-
nesses thereupon and record their answers ; but the depositions taken
before the magistrates are not to be read before the CbrnY q/* 67?'gz<7 in
the presence of the persons who gave the same, until they shall have .been
re-examined before the UoM7 q/*
VIII. [Provision for the absence of the law officer of the Court of
Circuit.]—AYqogr.s'c&v/ M/ Mg q/* Me Map q^ggr.
IX. [Instructions to darogahs and tehseeklars in cases of unna-
tural death.]—7M.S'cA7p<7 7/ CVcM-su AM'V, /S'pgk'oM 77. AkyzcMMuz ACY.
1817.
X. [Nizamut Adawlut authorized to transport convicts sentenced to
imprisonment for life, or for seven years.]—7Ag /%7gr 7'zAg 7'P-5CZ7z7p<7 /y
UMzz^g TM-V, XccAozz 1777. AMqzA/A'wz 7777.1803; Mg yMwzg?' v?^g?',s-g7g7
7/ 7c7 AfAU. 1844, AC 1847.