DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0057
A.D. 1807.]
REGULATION II.
47
whose depositions may have been taken before a single judge, if it appear be construed to prevent
requisite; or from examining any other witnesses in the cause, or gene- Mytwo^udge^tSeJ.
rally from passing any order that may appear proper and consistent with from re-examining wit-
the Regulations, whether in addition to, or in qualification or abrogation My ^of the ^otb°!- acts
of, any previous order of a single judge. herein specified.
$
A.D. 1807. REGULATION II.* Reg.11.i807.
A REGULATION 2*0 /27*0?'?'& 77207'6 _/07' 7^722.5^772 o/ 7^(57^222'?/,
of 7^67^M7y, %7?7 Ab7^C7y ; PASSED f?/ ^6 GVr67T207'-Go72C7Y2/
272 (702272C27, 072 ifAo 29^A Jt27222a7T/, 1807.
1. NOTWITHSTANDING the provisions made by Regulation XVII. 1797,
in the provinces of Bengal, Behar, Orissa, and Benares, and by Section XL.
Regulation VII. 1803, in the ceded provinces (extended to the conquered
provinces and to Bundlecund by Regulation IX. 1804), for punishing, to
the full extent authorized by the Mahomedan law, persons convicted of
giving false testimony on oath or under a solemn declaration in the Courts
of Judicature, Civil or Criminal, this flagrant offence is found still to pre-
vail, with subornation of perjury and forgery, equally injurious to the
rights of individuals and to the due administration of justice ; and no
specific penalties having been attached to these crimes by the Moosulman
law, which has left them punishable at discretion, by flagellation, impri-
sonment, and public ignominy, persons convicted of them have been sen-
tenced to various, and in some instances inadequate punishment, according
to the futwahs of the Mahomedan law officers of the Courts of Circuit. It
is therefore requisite that further provision be made to define, as far as the
degrees of criminality in different cases may admit, the sentences which
are to be passed by the Courts of Circuit upon persons convicted before
them of wilful perjury, subornation of perjury, or forgery. It is also
expedient to declare such heinous and prevalent offences not bailable,
except in special cases; and to expedite the exemplary punishment of
persons who may be guilty of them before the Courts of Circuit, by pro-
viding for their immediate commitment and trial; when the whole of the
requisite witnesses maybe in attendance. The following rules are accord-
ingly enacted by the Governor-General in Council for the purposes afore-
said ; to be in force from the time of their promulgation throughout the
whole of the provinces subject to the immediate government of the presi-
dency of Fort William.
* By Reg. XVII. 1817, Secs. ix. to xiv. inclusive, specific punishments are assigned for
the offences described in this Regulation and for others of a similar character, and rules ase
added modifying those of this Regulation and of Reg. III. 1801, respecting the committal of
persons to be tried for such offences. The rules are further enlarged and modified by
Act 1. 1848.
REGULATION II.
47
whose depositions may have been taken before a single judge, if it appear be construed to prevent
requisite; or from examining any other witnesses in the cause, or gene- Mytwo^udge^tSeJ.
rally from passing any order that may appear proper and consistent with from re-examining wit-
the Regulations, whether in addition to, or in qualification or abrogation My ^of the ^otb°!- acts
of, any previous order of a single judge. herein specified.
$
A.D. 1807. REGULATION II.* Reg.11.i807.
A REGULATION 2*0 /27*0?'?'& 77207'6 _/07' 7^722.5^772 o/ 7^(57^222'?/,
of 7^67^M7y, %7?7 Ab7^C7y ; PASSED f?/ ^6 GVr67T207'-Go72C7Y2/
272 (702272C27, 072 ifAo 29^A Jt27222a7T/, 1807.
1. NOTWITHSTANDING the provisions made by Regulation XVII. 1797,
in the provinces of Bengal, Behar, Orissa, and Benares, and by Section XL.
Regulation VII. 1803, in the ceded provinces (extended to the conquered
provinces and to Bundlecund by Regulation IX. 1804), for punishing, to
the full extent authorized by the Mahomedan law, persons convicted of
giving false testimony on oath or under a solemn declaration in the Courts
of Judicature, Civil or Criminal, this flagrant offence is found still to pre-
vail, with subornation of perjury and forgery, equally injurious to the
rights of individuals and to the due administration of justice ; and no
specific penalties having been attached to these crimes by the Moosulman
law, which has left them punishable at discretion, by flagellation, impri-
sonment, and public ignominy, persons convicted of them have been sen-
tenced to various, and in some instances inadequate punishment, according
to the futwahs of the Mahomedan law officers of the Courts of Circuit. It
is therefore requisite that further provision be made to define, as far as the
degrees of criminality in different cases may admit, the sentences which
are to be passed by the Courts of Circuit upon persons convicted before
them of wilful perjury, subornation of perjury, or forgery. It is also
expedient to declare such heinous and prevalent offences not bailable,
except in special cases; and to expedite the exemplary punishment of
persons who may be guilty of them before the Courts of Circuit, by pro-
viding for their immediate commitment and trial; when the whole of the
requisite witnesses maybe in attendance. The following rules are accord-
ingly enacted by the Governor-General in Council for the purposes afore-
said ; to be in force from the time of their promulgation throughout the
whole of the provinces subject to the immediate government of the presi-
dency of Fort William.
* By Reg. XVII. 1817, Secs. ix. to xiv. inclusive, specific punishments are assigned for
the offences described in this Regulation and for others of a similar character, and rules ase
added modifying those of this Regulation and of Reg. III. 1801, respecting the committal of
persons to be tried for such offences. The rules are further enlarged and modified by
Act 1. 1848.