DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0632
574
REGULATION VIII.
[A.D. 1801.
The rules contained
in Sec. iii. Reg. IV.
1797, not applicable to
the cases specified in
Secs. ii. and iii. of this
Regulation.
The courts are not,
however, to pass sen-
tence of imprisonment,
dental homicide, when
no unlawful or criminal
intention appears.
intention to commit any crime that, if committed in pursuance of the
prisoner's criminal design, would have rendered him liable to a sentence
of death.
IV. In like manner, after the date fixed for the operation of this
Regulation, any person who may be convicted of having, subsequent
thereto, unlawfully and maliciously intended to wound, maim, or otherwise
do corporal injury to one individual, and of having, in the prosecution of
such intention, accidentally wounded, maimed, or otherwise corporally
injured another individual, shall be held punishable for the act committed
by him with such unlawful and malicious intention, in like manner as if
such act had been perpetrated on the person intended to have been
wounded, maimed, or otherwise injured. The law officers of the 6*0227*2'$
of 6*22*02227, in such cases, shall be required to state the punishment to which
the prisoner would have been liable if he had committed the act of which
he is convicted, upon the person intended to have been wounded, maimed,
or otherwise injured by him; and the 6*0227*2!.$ 0/6*27*02222! shall pass sentence
accordingly, or refer the trial to the Court of Nizamut Adawlut, as the
case may be referable to that court, or otherwise, under the general
Regulations.
V. In trials referred under the preceding section to the Court of Niza-
mut Adawlut, the law officers of that court shall also declare in their
futwa to what punishment the prisoner would have been liable, if the act
of which he is convicted had been committed as intended by him; and
the court, after considering such futwa with the whole of the proceedings
in the case, are to pass such sentence' on the prisoner, short of death, as
they may judge adequate to his offence ; or 2/ 2!Aq7/ co72.$?&?* ^2772 a pro^or
0^200^ q/ 77207*07/, 77207/ 7*0007727720722^ /C.S* /207v/o72 2*0 2*7 0 6r07.'07'7207'-6r07207'0^ 272
6*07272027, .$7*672722/ 7*/2027* 7*00^072-$ jfbr 2Voy07'&)72 7*OC0 772772 072<7o<7 7// 2^ 0772.
VI. Such part of Section III. Regulation IV. 1797, as authorizes the
6*0227*2!$ o/ 6*27*02222!, in cases of kutl-khota, and other cases of accidental
homicide, when the prisoner may be declared liable to the deyat, or price
of blood, to commute such price to imprisonment, is not to be considered
applicable to any of the cases noticed in Sections II. and III. of this Regu-
lation, but is to be in force, as heretofore, with regard to case of homicide
not otherwise provided for by the above sections. The 6*0227*2!.$ q/ 62-7*02222!,
however, are not to sentence the prisoner to suffer any imprisonment, or
other punishment, in the cases of accidental homicide mentioned in Sec-
tion III. Regulation IV. 1797, although the deyat should be declared by
their law officers to be payable under the Mahomedan law, if the homicide
shall clearly appear to have been committed by misadventure in the prose-
cution of a lawful act, and without any malignant intention.
Superseded by
Sec. ii. Reg.
XIV. 1810.
REGULATION VIII.
[A.D. 1801.
The rules contained
in Sec. iii. Reg. IV.
1797, not applicable to
the cases specified in
Secs. ii. and iii. of this
Regulation.
The courts are not,
however, to pass sen-
tence of imprisonment,
dental homicide, when
no unlawful or criminal
intention appears.
intention to commit any crime that, if committed in pursuance of the
prisoner's criminal design, would have rendered him liable to a sentence
of death.
IV. In like manner, after the date fixed for the operation of this
Regulation, any person who may be convicted of having, subsequent
thereto, unlawfully and maliciously intended to wound, maim, or otherwise
do corporal injury to one individual, and of having, in the prosecution of
such intention, accidentally wounded, maimed, or otherwise corporally
injured another individual, shall be held punishable for the act committed
by him with such unlawful and malicious intention, in like manner as if
such act had been perpetrated on the person intended to have been
wounded, maimed, or otherwise injured. The law officers of the 6*0227*2'$
of 6*22*02227, in such cases, shall be required to state the punishment to which
the prisoner would have been liable if he had committed the act of which
he is convicted, upon the person intended to have been wounded, maimed,
or otherwise injured by him; and the 6*0227*2!.$ 0/6*27*02222! shall pass sentence
accordingly, or refer the trial to the Court of Nizamut Adawlut, as the
case may be referable to that court, or otherwise, under the general
Regulations.
V. In trials referred under the preceding section to the Court of Niza-
mut Adawlut, the law officers of that court shall also declare in their
futwa to what punishment the prisoner would have been liable, if the act
of which he is convicted had been committed as intended by him; and
the court, after considering such futwa with the whole of the proceedings
in the case, are to pass such sentence' on the prisoner, short of death, as
they may judge adequate to his offence ; or 2/ 2!Aq7/ co72.$?&?* ^2772 a pro^or
0^200^ q/ 77207*07/, 77207/ 7*0007727720722^ /C.S* /207v/o72 2*0 2*7 0 6r07.'07'7207'-6r07207'0^ 272
6*07272027, .$7*672722/ 7*/2027* 7*00^072-$ jfbr 2Voy07'&)72 7*OC0 772772 072<7o<7 7// 2^ 0772.
VI. Such part of Section III. Regulation IV. 1797, as authorizes the
6*0227*2!$ o/ 6*27*02222!, in cases of kutl-khota, and other cases of accidental
homicide, when the prisoner may be declared liable to the deyat, or price
of blood, to commute such price to imprisonment, is not to be considered
applicable to any of the cases noticed in Sections II. and III. of this Regu-
lation, but is to be in force, as heretofore, with regard to case of homicide
not otherwise provided for by the above sections. The 6*0227*2!.$ q/ 62-7*02222!,
however, are not to sentence the prisoner to suffer any imprisonment, or
other punishment, in the cases of accidental homicide mentioned in Sec-
tion III. Regulation IV. 1797, although the deyat should be declared by
their law officers to be payable under the Mahomedan law, if the homicide
shall clearly appear to have been committed by misadventure in the prose-
cution of a lawful act, and without any malignant intention.
Superseded by
Sec. ii. Reg.
XIV. 1810.