Clarke, Richard [Editor]: 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 (2): Regulations from 1806 to 1834 (London, 1854)

A.D. 1807.]

REGULATION IX.

53

A.D. 1807. REGULATION IX. Reg. ix. iso
A REGULATION Grammy zzzzzf zzzzzczz^zzzz/ &z"z.y^zzzq AG Ay q/ Gz'zTzzzzzz^
Groc^.s.y, zzzz^ /or zA/GLzq z'zz cor^am Ga.ye.$ Ac azzaf 7)zzz*A.y q/* Gc
Go/zce 0/^c6r.s-, q/ Gg ZzYAA azzzf Gz(z/ dfqqz.VraAy azzaf q/GA^AyyzyGzzA,
q/* Gozzz'A q/GzTczzA az?A q/*^Ag Gozzz^ q/* Azzazzza^ Azfazr/zzL* PASSED
Az/ Ac Gororzzoz'-Gozzoz'a/ zzz Gozzzzcz^ ozz Ge 12G q/* dAqy, 1807.
1. BY the rules in force for the guidance of the zillah and city magis-
trates and officers of the police, on the receipt of criminal charges, one
uniform process is directed to be observed; a warrant is to be issued for
the apprehension of the person complained against, and unless the crime
charged be of a trivial nature, in which the police officer issuing the war-
rant, or the officer deputed to serve the magistrate's warrant, is allowed
to accept bail for appearance before the magistrate, the accused must be
brought in custody to the magistrate's court. It has, indeed, been
explained to the magistrates, that they are not restricted from making a
previous inquiry, when they may see cause to distrust the truth of criminal
charges preferred to them, and the immediate arrest of the party accused
may appear unnecessary and objectionable. But it is expedient that an
express and regular provision be enacted for this purpose, as well as for
issuing a sumtnons instead of a warrant, in cases that may not require the
immediate apprehension of the party complained against, for dispensing
with personal appearance, to answer accusations of trivial offences, when
the agency of a constituted representative may be sufficient, and for regu-
lating the demand of bail in cases wherein security for appearance may be
required, also for dispensing with the personal attendance of parties pre-
ferring charges of a criminal nature when sufficient reason can be assigned
for their non-attendance, and for obtaining more full and satisfactory
information of the circumstances of heinous crimes committed, as well as
promoting the discovery and conviction of persons guilty of such crimes,
by immediate and local inquiries to be made through the officers of the
police. With a view to the speedy trial and punishment, or acquittal, of
persons charged with offences not of a heinous nature, whom the magis-
trates are required by the existing Regulations to commit or hold to bail
for trial before the Courts of Circuit, if there appear to be grounds for
subjecting them to a more severe punishment than what the magistrates
are authorized to inflict, under Sections VIII. and IX. Regulation IX.
1793, and Sections VIII. and IX. Regulation VI. 1803, as well as for
obviating the second attendance of prosecutors and witnesses in such
cases, it is judged expedient to enlarge the judicial powers of the zillah
and city magistrates. But it is, at the same time, deemed proper to limit
the exercise of judicial powers by the assistants to the magistrates, under
the provisions made by Regulation XIII. 1797, and Section XVII. Re-
gulation XII. 1803, and to render their judgments on criminal charges,
in all cases, open to the revision of the zillah and city magistrates as well
as of the Courts of Circuit; also to empower the latter to direct a further