DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0796
738
REGULATION IV.
[A.D. 1804.
iations regarding the
police within Bengal,
Behar, and Orissa, con-
sidered to extend to
Cuttack, unless spe-
cially excepted.
This Regulation not
to exonerate the ze-
mindars, &c. in Cut-
tack from the duties
and responsibility im-
posed on them by the
terms of their tenures
and the usages of the
country.
Magistrates and CoMrf
o/ CSremZ not to take
cognizance of crimes
committed previously
to 14th October, 1803.
What sentences may
be passed on persons
convicted of crimes
committed between that
period and the date of
this Regulation.
CoMrZ o/ CircMf? em-
powered to order such
sentences to be carried
into execution in cer-
tain cases.
C'oMrf o/ Czrcm'Z to
report to the Nizamut
imprisonment for a
term exceeding seven
years.
be hereafter enacted, regarding the police in the provinces of Bengal and
Behar, and in that part of the province of Orissa heretofore under the
dominion of the British Government, shall be considered to extend to the
province of Cuttack, unless it shall be otherwise specially directed by any
Regulation m 772 %7mc?' ^z/ AlqqzJu-
Aozz ALLA. 1793. Provided, however, that this Regulation shall not be
construed to exonerate the zemindars, farmers, or other holders of lands
in the zillah of Cuttack, from the duties and responsibility imposed on
them by the terms of their respective tenures or engagements and the
usages of the country, for the prevention of robberies and other disorders,
and for the maintenance of peace and good order within their respective
limits. Such zemindars, farmers, and other holders of land, shall continue
to perform such duties, subject to the same responsibility as heretofore,
notwithstanding anything that may be said to the contrary in any Regu-
lation enacted previously to the date of this Regulation.
VII.* This Regulation shall not be construed to empower the magis-
trates or the (bzz?'z! q/CzzTZzz^ to take cognizance of gny crimes or offences
committed previously to the 14th of October, 1803, the date on which the
fort and town of Cuttack surrendered to the British arms, nor to empower
the AozzzV q/ Uz'rczzz^, or the Nizamut Adawlut, to pass any sentence on
persons convicted of crimes or offences committed between the aforesaid
date and the date of the promulgation of this Regulation, excepting the
sentence to which such persons would have been subject under the Maho-
medan law, as it prevailed within the limits of the said zillah during the
aforesaid period. Provided, however, that in cases in wdiich the said sen-
tence shall not extend to life or limb, or to imprisonment for a term not
exceeding .$cuc7z. years, the Aozzr^ q/ UAczz^, in the event of the charge
being proved to its satisfaction, shall be at liberty to direct the said sen-
tence to be carried into execution, or to mitigate the punishment to such
extent as it shall deem proper on a consideration of the circum-
stances of the case; and provided also, that in cases in which the
said sentence shall extend to life or limb, or to imprisonment for a
term exceeding years, the proceedings of the Uozzz'z! q/ Uzrczzzz! in
such cases, with the opinion of the court on their merits, shall be trans-
mitted to the Nizamut Adawlut, which court, if the charge shall have been
proved against the prisoners to its satisfaction, shall, in cases in which the
sentence shall adjudge the prisoner to suffer the punishment of iputila-
tion, commute such punishment for imprisonment, or for imprisonment
and hard labour for a term of years ; and in cases in which the sentence
shall adjudge the prisoner to suffer the punishment of death, or of impri-
sonment for a term exceeding seven years, the court shall direct such
punishment to be carried into execution, or commute or mitigate the same,
or recommend the prisoner to the Governor-General in Council for mercy,
according as shall appear to the court to be proper on a consideration of
the circumstances of the case.
* The provisions of this Section are subject to the modifications since introduced in
respect of the powers of the session judges to punish, and of the administration of the
Mahomedan law.
REGULATION IV.
[A.D. 1804.
iations regarding the
police within Bengal,
Behar, and Orissa, con-
sidered to extend to
Cuttack, unless spe-
cially excepted.
This Regulation not
to exonerate the ze-
mindars, &c. in Cut-
tack from the duties
and responsibility im-
posed on them by the
terms of their tenures
and the usages of the
country.
Magistrates and CoMrf
o/ CSremZ not to take
cognizance of crimes
committed previously
to 14th October, 1803.
What sentences may
be passed on persons
convicted of crimes
committed between that
period and the date of
this Regulation.
CoMrZ o/ CircMf? em-
powered to order such
sentences to be carried
into execution in cer-
tain cases.
C'oMrf o/ Czrcm'Z to
report to the Nizamut
imprisonment for a
term exceeding seven
years.
be hereafter enacted, regarding the police in the provinces of Bengal and
Behar, and in that part of the province of Orissa heretofore under the
dominion of the British Government, shall be considered to extend to the
province of Cuttack, unless it shall be otherwise specially directed by any
Regulation m 772 %7mc?' ^z/ AlqqzJu-
Aozz ALLA. 1793. Provided, however, that this Regulation shall not be
construed to exonerate the zemindars, farmers, or other holders of lands
in the zillah of Cuttack, from the duties and responsibility imposed on
them by the terms of their respective tenures or engagements and the
usages of the country, for the prevention of robberies and other disorders,
and for the maintenance of peace and good order within their respective
limits. Such zemindars, farmers, and other holders of land, shall continue
to perform such duties, subject to the same responsibility as heretofore,
notwithstanding anything that may be said to the contrary in any Regu-
lation enacted previously to the date of this Regulation.
VII.* This Regulation shall not be construed to empower the magis-
trates or the (bzz?'z! q/CzzTZzz^ to take cognizance of gny crimes or offences
committed previously to the 14th of October, 1803, the date on which the
fort and town of Cuttack surrendered to the British arms, nor to empower
the AozzzV q/ Uz'rczzz^, or the Nizamut Adawlut, to pass any sentence on
persons convicted of crimes or offences committed between the aforesaid
date and the date of the promulgation of this Regulation, excepting the
sentence to which such persons would have been subject under the Maho-
medan law, as it prevailed within the limits of the said zillah during the
aforesaid period. Provided, however, that in cases in wdiich the said sen-
tence shall not extend to life or limb, or to imprisonment for a term not
exceeding .$cuc7z. years, the Aozzr^ q/ UAczz^, in the event of the charge
being proved to its satisfaction, shall be at liberty to direct the said sen-
tence to be carried into execution, or to mitigate the punishment to such
extent as it shall deem proper on a consideration of the circum-
stances of the case; and provided also, that in cases in which the
said sentence shall extend to life or limb, or to imprisonment for a
term exceeding years, the proceedings of the Uozzz'z! q/ Uzrczzzz! in
such cases, with the opinion of the court on their merits, shall be trans-
mitted to the Nizamut Adawlut, which court, if the charge shall have been
proved against the prisoners to its satisfaction, shall, in cases in which the
sentence shall adjudge the prisoner to suffer the punishment of iputila-
tion, commute such punishment for imprisonment, or for imprisonment
and hard labour for a term of years ; and in cases in which the sentence
shall adjudge the prisoner to suffer the punishment of death, or of impri-
sonment for a term exceeding seven years, the court shall direct such
punishment to be carried into execution, or commute or mitigate the same,
or recommend the prisoner to the Governor-General in Council for mercy,
according as shall appear to the court to be proper on a consideration of
the circumstances of the case.
* The provisions of this Section are subject to the modifications since introduced in
respect of the powers of the session judges to punish, and of the administration of the
Mahomedan law.