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)

A.D. 1803.]

REGULATION LIIL

723

Rescinded by
Sec. ii. Reg.
XIV. 1810.

See Cl. 7,
Sec. viii. Reg.
XVII. 1817.

prescribed punishment to the whole of the prisoners convicted, it shall be
competent to the Court of Nizamut Adawlut, or to the q/ CYTcMzY
if the trial be not referable, under the Regulations, to the Nizamut
Adawlut, to mitigate the sentence, in such cases, as may be deemed just
and expedient.
SVtyYA The (CoM?# q/67rcMzY are also to report to the Nizamut Adaw- Further provision for
lut, [%72of zY Z76Cd.M'<V/'2/, ZCzY/ Z'CZZOZY ^0 Ag (foZZgZVZOZ'- prt-
t- ^ ^ sonerswhomayappear
Comzcz^] the case or any prisoner or prisoners who may appear proper objects of mercy
proper objects of mercy and pardon : or if the punishment to which they
are sentenced shall not have been adjudged under any provisions of the
Mahomedan law or the Regulations expressly requiring the same, the
Court of Nizamut Adawlut, as already authorized, may remit the punish-
ment, and order the discharge of the prisoner, FaptnYzzzy czMF
/h?' q/^Ad Z7Z UozZZZCzY].
V. AYA.sZ No part of the preceding section shall be considered appli- Precedingsectionnot
cable to secret theft or larceny without open violence (surucai-sogra), ^th^Jpe^vio^y
whether accompaniqcl with burglary (nuccub-zunee) or simple theft from whether accompanied
the person or house, unaccompanied with any aggravating circumstance, u'eft b'mnthfperson or
In such cases, the Mahomedan law, with the modifications of it in the i^se.
existing Regulations, and the rules contained in Section II. of this Regu- with^the^modrncations
lation, when the prisoner may be declared liable to discretionary punish- ^ in the existing
ment, shall govern the sentences of the CbzzzY.S' q/CYY'czzzY, as well as of the of this Reghiation^'to
Nizamut Adawlut in any cases referred to that court. o^Jcrindnaf Courts in
NpcozzA. [Murder, wounding, &c. in prosecution of theft, how punish- such cases,
able.]—AHaycm&A Zy CYzzzz^p A^zTbY, SYAYzhzz UAAA. AA'qzzZzYzozz AfFAA.
1817.

VI. AY?'.sY. The q/ CY-rczz^ shall transmit to the Court of Nizamut
Adawlut, as heretofore, all trials in which the prisoner or prisoners may be
convicted and liable to a sentence of perpetual imprisonment or death;
as well as in all cases wherein the judges of the q/* UzpczzzY may
disapprove the futwah given by their law officers, and may not have beep
expressly authorized by this, or any other Regulation, to pass sentence,
notwithstanding such futwah, either for the punishment of the prisoner, or
for his acquittal and discharge, either with or without, security.
SYcozzA. In trials referable to the Nizamut Adawlut, zf lAp yzzAyp q/*
czpczzpl Az-stypppopg Ae yhYzcwA yz'pgzz /zy AzY' /tzzc q^Ycpr, oz' if the prisoner
or prisoners convicted, or any of the prisoners convicted on the same trial,
be liable to a sentence of death, the judge shall not pass any sentence
(except for the acquittal and discharge of any prisoners not convicted),
but shall transmit the trial, with his opinion thereupon, for the sentence
of the Nizamut Adawlut. If y'zzAyp q/* c&czzzY cozzczzp zpz?A. AzY Zzw
q^cpp zzz cozzpzYYz'ozz q/' Ae yzPMOzzpz' oz* yzz'z.s'ozzpz'.s', 6izzA none of them be
liable to a sentence of death, the judge shall pass sentence on the pri-
soner or prisoners so convicted, as directed in Section XLVII. Regula-
tion IX. 1793, and the corresponding rule in Clause First, Section XV.
Regulation VII. 1803. But such sentences, in all trials referable to the
Nizamut Adawlut, shall not be deemed final, nor shall any warrant be
issued for carrying the same into execution, until they be confirmed .by
the Court of Nizamut Adawlut. Moreover, whenever the trial of a prin-
4z2

What trials shall be
hereafter transmitted
by the CoMrZy q/* CA-
CM?Y to the Nizamut
Adawlut.

In what trials refer-
able to the Nizamut
Adawlut, the judge o/*

Adawlut the judge o/
czrcMZZ is to pass sen-
tence.

Such sentences not
to be deemed final, nor