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 LII1.

725

after taking a second futwah from their law officers in cases which may
require it.
fTAzht/. In trials referred to the Nizamut Adawlut, under Clause Seventh,
Section II. of this Regulation, viz. when the crime of which the prisoner
is convicted, and for which he is declared liable to discretionary punish-
ment, shall not have been specifically provided for, dz/Ad?' by the Regula-
tions or Ay 277zy -y/zz/dt/ pd72zz//y 222 /Ad A7zzAf77?2dt/z772 /zzzd, the judges of the
Nizamut Adawlut, provided /Ad 27/d72Cd & pzzTzz-S'AzzA/d 22/ z/Acz'd/mTZ 2272t/d7'
/Ad AfzzAzzzzzdz/zzzz /zzzd, and they shall be satisfied of the conviction of the
prisoner, are authorized to pass such sentence upon the prisoner, not
extending to capital punishment, as they may deem adequate to the crime
of which he is convicted, and consonant to the general principles of justice,
on due consideration of all the circumstances of the case. TAd cozzy/ yAzz/Z,
22/ /Ad 6*22772d /2772d, ^77'27p27^d /27 /Ad Gt7dd7'72277'-(rd72d7'zz/ 272 CzZZZZZdz/ 22 T/dyzz/tZ-
/2277Z 2b /A 22722/ 2/dd/227'd /Ad .SpdCZ/Zd ^022722^772 672/ 22/ 2272j/ d"7'2772d 2/' 7?2t7y722/222/d
ZdA/dA 772 222/ Ad yb?2722/ 7227/ /27 Az2dd AddTZ ^pdC2/c22//y p7'272722/d2/ /or, df/Ady Ay /Ad
ihfzzAozzZoAzzZ /22227 277' Ay /Ad 7A2222/22/22722.S', 22722/ 22'AzcA 77222?/ ZZpydZZ?' /27 dZz/Z/by
2272 d22?p7'd6A 2/6722272CZ24/22772 2?/ /Ad jOd722z//y /o Ad 272C227'7'd2/ Ay d277727722//272y /Ad
6'22772d.
jFzzzzy/A. The provisions contained in Sections III. IV. and UA of this
Regulation, shall govern the sentences of the Court of Nizamut Adawlut
in the cases therein specified, and the judges of that court are authorized to
adjudge the stated punishment, whatever may be the futwah of their law
officers ; provided that it shall declare the prisoner or prisoners to have
been convicted of the crimes incurring the stated penalties, either on free
and voluntary confession, or on the testimony of credible witnesses, or on
strong circumstantial evidence (sufficient to establish ghalib-zun, or violent
presumption of guilt) : and provided the judges of the Nizamut Adawlut
shall see no cause to disapprove such conviction of the prisoner or prisoners,
or to mitigate or remit the specified punishment.
A2/2A. [Rule to expedite the decision of cases referred to the Nizamut
Adawlut.]'—J?d.$C272z/d2/ Az//S'dC/22772 AiU. j/ZdyZzZzz/ZZZTZ XU-ZY. 1817.

rity of the Ni-
lawluttopass
^McreZit wder 2Aa2
/aw.
T%ec& 2, aZZAe
a AepM2<x2:o% 2o ./M?
dfecZare 2Ae$pecf^cpMw-
q/ awy crime

The provisions in
Secs, iii.iv. and v.
of this Regulation, to
govern the sentences
of the Nizamut Adaw-
lut in the cases therein
specified.

See Act XIV.
1844.

Modified by
Act XIV. 1844.

VIII. A?7'.$/. So much of Section X. Regulation IV. 1797, as authorizes PartofSec.x.Reg.iv.
the transportation to some place beyond sea of convicts sentenced to be tescmded.
confined for a term of seven years, or for any limited term of years, and
directs a reference from the Cozzz'/.S' 27/ CAc???'/ to the Nizamut Adawlut, in
all instances wherein they shall consider offenders convicted before them
to be proper objects of transportation, is hereby rescinded.
XdC27722/. Transportation beyond sea shall be hereafter restricted to con- Transportation be-
victs who may be sentenced to confinement for life; and in all instances to
wherein a sentence of confinement for life may be passed against a prisoner, confinement for life;
whether by the Ubzzy/.y tyf CM'czzz/ in the first instance, or finally by the g^p combed
Court of Nizamut Adawlut, the court passing such sentence, 2/2/ 2/dd772 /Ad y ^eeme^z proper oa-
pyA'2772dy 22 p7'27pd7' oA/dd/ q/ /2'2272.S';727?'/22/22772 A27?/27722/ 3d22, shall at the Same time
adjudge him or her to be transported for life. sentence upon them.
^ TAzzv/. In the cases of convicts sentenced to confinement for life, whom Convicts sentenced
the G27Z2?A.S' 27/Gzrczzz/ and Nizamut Adawlut may not consider proper objects
of transportation beyond sea 22222/6?' /Ad pydddz/zzzy c/zzzzyd, as well as in all per objects of transpor-
j cases of convicts sentenced to imprisonment for a limited period, the court ^eiiagan^wict^sen-
* The enacting part of Section v. is rescinded.