DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0430
420
REGULATION XVII.
[A.D. 1817.
Rule for law ofHcers
of the CoMrZs o/ Cfr-
CM:2, in delivering their
cases of zina and hal-i-
shuneea.
his guilt, and the judge
shall concur.
petent to prefer, and
prosecute, a charge of
adultery against a mar-
ried woman.
Explanation of Sec.
iii. Reg. IV. 1797, and
second clause of Sec. xv.
Reg. VII. 1803, in
of the witness or witnesses objected to by the law officer, the judge of
C27'C227^ shall not pass any sentence, but shall refer the trial to the Nizamut
Adawlut; which court, ^2722/ %yV^psyro772 3'^ q^cd?', is empow-
ered to pass such sentence as may be deemed just and proper, under the
preceding section of this Regulation and the general Regulations in
force.
VI. In trials before the for adultery, rape, or
any other offence within the provisions of the Mahomedan law for cases of
zina and hal-i-shuneea, the futwa of the law officer of the q/
before whom the trial may be held shall declare only whether the pri-
soner is legally convicted ; or if not, whether there be strong ground of
presumption arising from his free confession, or from credible testimonv,
or from circumstantial evidence, that he is guilty of the crime charged
against him.
If the futwa so given shall declare the prisoner legally con-
victed, or that there is strong presumption of his guilt, and the judge of
before whom the trial may be held, shall concur in the conviction
of the prisoner, or in the presumption of his guilt, so as to render him a
proper object of punishment, and the circumstances of the case shall not
appear to call for a more severe punishment than what the q/Uz7'-
czzz^ are authorized to adjudge, under the seventh clause of Section II.
Regulation LIII. 1803, the judge shall sentence the prisoner to suffer
such punishment as may be deemed adequate to his guilt and the nature
of the offence, not exceeding co7^07'zz^pzz72MA772 672^ q/ 7*Az?'(7/-72Z72<$ ^^'2)3^, zzzzzf
imprisonment with hard labour for the term of seven years.
TAzzW. If the prisoner be convicted, or presumed guilty of the heinous
crime of rape, the judge of cb'czzzY shall not pass any sentence, but shall
refer the trial to the Court of Nizamut Adawlut, for the sentence of that
court, under the general Regulations in force.
^ozz?'^. In cases of adultery it shall be requisite for the conviction and
punishment of a married woman that she be prosecuted by her husband ;
and no other person shall be deemed competent to prosecute, or prefer
the charge against her, in such cases.
VII. A doubt having been entertained whether the provisions contained
in Section III. Regulation IV. 1797, and the second clause of Sec-
tion XV. Regulation VII. 1803, relative to culpable homicide not
amounting to wilful murder, empower the Lbzzz'A q/' Gzz'czzV to commute
the deyut, or fine of blood, prescribed by the Mahomedan law in such
cases, to any period of temporary imprisonment, or whether the discretion
of the Ubzzz^ q/* in the cases refered to, is limited by the general
rule contained in the seventh clause of Section II. Regulation LIII. 1803,
which restricts the Ubzzz'Ay q/G^czz^, 372 czM&s' 720^ ^cz^czz/fz/^'oz.'z&tfyb?',
from passing a final sentence exceeding ccuywtzf ^7372^772^72^ q/* ^Z7'(z/-72Z726
^7'2/7a$, %72<^ imprisonment with hard labour for the term of seven years;
it is hereby explained that the above restriction is applicable to all cases
of commutation for deyut, on a conviction before a q/Gb-czz^, of
culpable homicide not amounting to wilful murder, under Section III.
Regulation IV. 1797 ; and the second clause of Section XV. Regula-
tion VII. 1803, or any other Regulation in force. If in any instance the
1832.
See Sec. iv.
Reg. VI. 1832.
See Reg. II.
1834.
See note to
Sec. iv. Reg.
XIV. 1797.
REGULATION XVII.
[A.D. 1817.
Rule for law ofHcers
of the CoMrZs o/ Cfr-
CM:2, in delivering their
cases of zina and hal-i-
shuneea.
his guilt, and the judge
shall concur.
petent to prefer, and
prosecute, a charge of
adultery against a mar-
ried woman.
Explanation of Sec.
iii. Reg. IV. 1797, and
second clause of Sec. xv.
Reg. VII. 1803, in
of the witness or witnesses objected to by the law officer, the judge of
C27'C227^ shall not pass any sentence, but shall refer the trial to the Nizamut
Adawlut; which court, ^2722/ %yV^psyro772 3'^ q^cd?', is empow-
ered to pass such sentence as may be deemed just and proper, under the
preceding section of this Regulation and the general Regulations in
force.
VI. In trials before the for adultery, rape, or
any other offence within the provisions of the Mahomedan law for cases of
zina and hal-i-shuneea, the futwa of the law officer of the q/
before whom the trial may be held shall declare only whether the pri-
soner is legally convicted ; or if not, whether there be strong ground of
presumption arising from his free confession, or from credible testimonv,
or from circumstantial evidence, that he is guilty of the crime charged
against him.
If the futwa so given shall declare the prisoner legally con-
victed, or that there is strong presumption of his guilt, and the judge of
before whom the trial may be held, shall concur in the conviction
of the prisoner, or in the presumption of his guilt, so as to render him a
proper object of punishment, and the circumstances of the case shall not
appear to call for a more severe punishment than what the q/Uz7'-
czzz^ are authorized to adjudge, under the seventh clause of Section II.
Regulation LIII. 1803, the judge shall sentence the prisoner to suffer
such punishment as may be deemed adequate to his guilt and the nature
of the offence, not exceeding co7^07'zz^pzz72MA772 672^ q/ 7*Az?'(7/-72Z72<$ ^^'2)3^, zzzzzf
imprisonment with hard labour for the term of seven years.
TAzzW. If the prisoner be convicted, or presumed guilty of the heinous
crime of rape, the judge of cb'czzzY shall not pass any sentence, but shall
refer the trial to the Court of Nizamut Adawlut, for the sentence of that
court, under the general Regulations in force.
^ozz?'^. In cases of adultery it shall be requisite for the conviction and
punishment of a married woman that she be prosecuted by her husband ;
and no other person shall be deemed competent to prosecute, or prefer
the charge against her, in such cases.
VII. A doubt having been entertained whether the provisions contained
in Section III. Regulation IV. 1797, and the second clause of Sec-
tion XV. Regulation VII. 1803, relative to culpable homicide not
amounting to wilful murder, empower the Lbzzz'A q/' Gzz'czzV to commute
the deyut, or fine of blood, prescribed by the Mahomedan law in such
cases, to any period of temporary imprisonment, or whether the discretion
of the Ubzzz^ q/* in the cases refered to, is limited by the general
rule contained in the seventh clause of Section II. Regulation LIII. 1803,
which restricts the Ubzzz'Ay q/G^czz^, 372 czM&s' 720^ ^cz^czz/fz/^'oz.'z&tfyb?',
from passing a final sentence exceeding ccuywtzf ^7372^772^72^ q/* ^Z7'(z/-72Z726
^7'2/7a$, %72<^ imprisonment with hard labour for the term of seven years;
it is hereby explained that the above restriction is applicable to all cases
of commutation for deyut, on a conviction before a q/Gb-czz^, of
culpable homicide not amounting to wilful murder, under Section III.
Regulation IV. 1797 ; and the second clause of Section XV. Regula-
tion VII. 1803, or any other Regulation in force. If in any instance the
1832.
See Sec. iv.
Reg. VI. 1832.
See Reg. II.
1834.
See note to
Sec. iv. Reg.
XIV. 1797.