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 (2): Regulations from 1806 to 1834 (London, 1854)

58

REGULATION IX.

[A.D. 1807.

mit any compromise
Declaration that un-
der the rules against
1793, and Vl.*1803j
no species of homicide
except murder is in-
cluded.
Howamagistrateis
to proceed if the charge
be for manslaughter or
illegal homicide not
amounting to murder.
to proceed if the facts
and circumstances do
not establish the crime
of murder.

If the homicide ap-
pear clearly to have
been accidental or jus-
tifiable under the Ma-
homedan law and Re-
gulations, the magis-
trate is authorized to
release the accused.
Principle of the fore-
going section applicable
to persons privy to or
incidentally accessory
to heinous crimes.

Bail, if sufficient to
secure attendance, may
be admitted in all cases
not prohibited by Re-
Co2<?'f of in
certain cases may direct
the magistrate to admit
to bail persons accused
of offences not bailable
under the Regulations;

and may direct the
magistrates, in cases
wherein excessive bail
may have been required
by them, to receive such
bail as may by CoMrf of
Form of bail bond,
for persons to be tried

in tiiis section, no razeenamah shall be received without the special sanc-
tion of the magistrate; nor shall any private compromise be admitted by
the magistrate in crimes of a heinous nature, such as on conviction may
require exemplary punishment for the ends of public justice.
IX. In explanation of Section VII. Regulation IX. 1793, and
Section VII. Regulation VI. 1803, it is hereby declared, that no species
of homicide, except murder, is included in the provisions which forbid the
admission to bail of persons accused of murder. If the charge be for
manslaughter, or any species of illegal homicide not involving the crime
of murder, the magistrate is authorized to proceed, in the first instance,
either by warrant for taking into custody, or by summons requiring bail,
as he may judge proper, on consideration of the circumstances of the case
and of the condition and character of the party accused. After the inquiry
directed by Section V. Regulation IX. 1793, and Section V. Regu-
lation VI. 1803, if the magistrate shall be of opinion that the facts and
circumstances in evidence do not establish the crime of murder, but that
there is sufficient ground for bringing the person complained against to
trial before the q/ (Y-rcMh, on a charge of manslaughter or other
culpable homicide, the party shall be held to bail for appearance before
the q/* (YrcMA; but the magistrate is authorized to release the
accused, if the homicide in which he may appear to have been concerned
shall, from the whole of the evidence, be clearly shown to have been
accidental or justifiable, under the Mahomedan law and the Regu-
lations.
AYc(wA The principle of the preceding clause is also declared applicable
to persons appearing, from the magistrate's inquiry, to have been only
privy, or incidentally accessary to crimes of a heinous nature, without
being concerned therein, either as principals or as aiding and abetting,
procuring or instigating the perpetration thereof; and in all cases, whether
of trial before the magistrate or before the q/ if the admission
of bail have not been prohibited by the Regulations, and the bail tendered
shall appear sufficient for securing the appearance of the party accused, he
shall be admitted to bail, until sentence be passed upon the charge against
him; moreover, in special instances, wherein the q/6Y?'CM2Y, on a report
from the magistrate, or on other satisfactory information before them, may
deem it just and proper to admit to bail a person charged with an offence
not bailable under the general provisions contained in the Regulations,
coaoY is declared competent to instruct the magistrate to accept
sufficient bail, instead of keeping the accused in confinement whilst the
charge against him is under trial. The Ubaoio/' may likewise, in all
bailable cases wherein the bail required by the magistrate shall appear
excessive, direct the magistrate to receive such bail as mav be deemed
sufficient to answer the purpose intended by it.
X. The bail to be taken under the preceding section, as w?ell as in all
cases of persons being held to bail for trial before the
shall be in the following form :
" Whereas--, inhabitant of-, stands charged with
--, and has been admitted to bail by the magistrate of-,
on condition of his appearance to stand his trial on the said charge before

Seed. 6,
Sec. ii. Reg.
III. 1812, and
Reg. VIII.
1830.

Reg!xiVd81o!
and Cl. 3, Sec.
iii. Reg. VI.
1818.