DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0070
60
REGULATION IX.
[A.D. 1807.
*
force.
Except that in the
cases provided for by
Sec. viii. Reg. IX.
1/93, if it appear pro-
per, both the stated fine
and imprisonment may
So in charges of
petty thefts provided
for by the Regulations
herein quoted, if it ap -
adjudged.
Assistants directed
not to pass sentence in
cases referred to them
under the Regulations
herein quoted, and for
which a more severe
punishment than they
are authorized to inflict
appears necessary, but
to submit the proceed-
ings to the magis-
trates ;
Who after holding
any further proceed-
ings, wiil either pass
sentence or commit the
prisoner, or hold him to
trates by Sections VIII. and IX. Regulation IX. 1793 (extended to
Benares by Section IV. Regulation XVI. 1795), and by Sections VIII.
and IX. Regulation VI. 1803, they are hereby further empowered, in all
cases of conviction before them of any criminal offence punishable under
the Mahomedan law and the Regulations, for which the penalties autho-
rized by the sections, above quoted may appear insufficient, or to which
the ruies referred to may not be expressly applicable, and for which a
more severe punishment than six months'imprisonment
or a fine of two hundred rupees, may not have been specifically prescribed
(in which case the prisoner, if there appear grounds for it, must be brought
to trial before the q/* LWcMzB' to pass sentence of imprisonment not
exceeding six months, g*AA cmqxmtB 7202* orccct/mq /AUfy
q/' VUb or o/Vor co.sc.s', with a fine not exceeding two hundred
rupees, commutable, if not paid, to a further period of imprisonment not
exceeding six months, in pursuance of Section III. Regulation XIV.
1797, and Section XXXI. Regulation VI. 1803, so that the entire period
of imprisonment under the sentence of a magistrate shall in no instance
exceed one year.
XX. The powers vested in the zillah and city magistrates by the pre-
ceding section, shal) not be exercised by the assistants to the magistrates,
in the execution of anv duties committed to them under the provisions of
Regniation XIII. 1797, and Section XVII. Regulation XII. 1803. In
the performance of such duties, the assistants to the magistrates shall not
exceed the powers vested in them by the Regulations heretofore in force;
except that, in the cases provided for by Section VIII. Regulation IX.
1793, and Section VIII. Regulation VI. 1803, wherein it may appear
proper to impose the fine thereby authorized, in addition to fifteen days'
imprisonment, both the stated fine and imprisonment may be adjudged,
with an eventua! commutation of the fine if not paid, to further confine-
ment for a period of fifteen days, making the entire term of imprisonment,
if the fine be not paid, one month of thirty days. In like manner, in
charges of petty thefts provided for by Section IX. Regulation IX. 1793
(extended to Benares by Section IV. Regulation XVI. 1795), and Sec-
tion IX. Regulation VI. 1803, if it appear just and requisite, on consider-
ation of the circumstances of the case, to sentence the offender to one
month's imprisonment, A?, iV corpwU q/*
VA'A/ 0?' q/ cqq /W7d z*Ao7'cq/i VkA jPM%XA77?.<?7?Y %726? impri-
sonment may be adjudged accordingly. In any case refered to the assist-
ant of a ziilah or city magistrate, under Regulation XIII. 1797, or Sec-
tion XVII. Regulation XII. 1803, wherein the offence proved against the
prisoner may appear to require a more severe punishment than he is
hereby authorized to adjudge, he shall not pass any sentence, but shall sub-
mit his proceedings to the magistrate, who, after holding any further pro-
ceedings he may deem necessary, will, if satisfied of the guilt of the
prisoner, either pass sentence on him under Section XIX. of this Regula-
tion and the general Regulations in force, or will commit or hold him to
jiail for trial before the q/according to the nature and cir-
cumstances of the case. ^
XXL Whenever a complaint or charge of a criminal nature may be
Modified by
Cl. 3, Sec. ii.
Reg. III. 1821,
ant magistrates,
by Government,
of the powers
trates in Sec.
xix.of thisReg.)
See Sec. vii.
Order of reference
REGULATION IX.
[A.D. 1807.
*
force.
Except that in the
cases provided for by
Sec. viii. Reg. IX.
1/93, if it appear pro-
per, both the stated fine
and imprisonment may
So in charges of
petty thefts provided
for by the Regulations
herein quoted, if it ap -
adjudged.
Assistants directed
not to pass sentence in
cases referred to them
under the Regulations
herein quoted, and for
which a more severe
punishment than they
are authorized to inflict
appears necessary, but
to submit the proceed-
ings to the magis-
trates ;
Who after holding
any further proceed-
ings, wiil either pass
sentence or commit the
prisoner, or hold him to
trates by Sections VIII. and IX. Regulation IX. 1793 (extended to
Benares by Section IV. Regulation XVI. 1795), and by Sections VIII.
and IX. Regulation VI. 1803, they are hereby further empowered, in all
cases of conviction before them of any criminal offence punishable under
the Mahomedan law and the Regulations, for which the penalties autho-
rized by the sections, above quoted may appear insufficient, or to which
the ruies referred to may not be expressly applicable, and for which a
more severe punishment than six months'imprisonment
or a fine of two hundred rupees, may not have been specifically prescribed
(in which case the prisoner, if there appear grounds for it, must be brought
to trial before the q/* LWcMzB' to pass sentence of imprisonment not
exceeding six months, g*AA cmqxmtB 7202* orccct/mq /AUfy
q/' VUb or o/Vor co.sc.s', with a fine not exceeding two hundred
rupees, commutable, if not paid, to a further period of imprisonment not
exceeding six months, in pursuance of Section III. Regulation XIV.
1797, and Section XXXI. Regulation VI. 1803, so that the entire period
of imprisonment under the sentence of a magistrate shall in no instance
exceed one year.
XX. The powers vested in the zillah and city magistrates by the pre-
ceding section, shal) not be exercised by the assistants to the magistrates,
in the execution of anv duties committed to them under the provisions of
Regniation XIII. 1797, and Section XVII. Regulation XII. 1803. In
the performance of such duties, the assistants to the magistrates shall not
exceed the powers vested in them by the Regulations heretofore in force;
except that, in the cases provided for by Section VIII. Regulation IX.
1793, and Section VIII. Regulation VI. 1803, wherein it may appear
proper to impose the fine thereby authorized, in addition to fifteen days'
imprisonment, both the stated fine and imprisonment may be adjudged,
with an eventua! commutation of the fine if not paid, to further confine-
ment for a period of fifteen days, making the entire term of imprisonment,
if the fine be not paid, one month of thirty days. In like manner, in
charges of petty thefts provided for by Section IX. Regulation IX. 1793
(extended to Benares by Section IV. Regulation XVI. 1795), and Sec-
tion IX. Regulation VI. 1803, if it appear just and requisite, on consider-
ation of the circumstances of the case, to sentence the offender to one
month's imprisonment, A?, iV corpwU q/*
VA'A/ 0?' q/ cqq /W7d z*Ao7'cq/i VkA jPM%XA77?.<?7?Y %726? impri-
sonment may be adjudged accordingly. In any case refered to the assist-
ant of a ziilah or city magistrate, under Regulation XIII. 1797, or Sec-
tion XVII. Regulation XII. 1803, wherein the offence proved against the
prisoner may appear to require a more severe punishment than he is
hereby authorized to adjudge, he shall not pass any sentence, but shall sub-
mit his proceedings to the magistrate, who, after holding any further pro-
ceedings he may deem necessary, will, if satisfied of the guilt of the
prisoner, either pass sentence on him under Section XIX. of this Regula-
tion and the general Regulations in force, or will commit or hold him to
jiail for trial before the q/according to the nature and cir-
cumstances of the case. ^
XXL Whenever a complaint or charge of a criminal nature may be
Modified by
Cl. 3, Sec. ii.
Reg. III. 1821,
ant magistrates,
by Government,
of the powers
trates in Sec.
xix.of thisReg.)
See Sec. vii.
Order of reference