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)

426

REGULATION XVII.

[A.D. 1817.

committed, before a
collector or other pub-
lic officer.

Provision for the
appointment of a pub-

Sec. xxiii. Reg. XVI.
Secs. vii. and ix. Reg.
XXI. 1795, as exempts
Brahmins convicted of

Cl. 5, Sec. vii. Reg.
LIII. 1803, and Sec.

therefore prohibited from receiving and acting upon any charges of per-
jury, or subornation of perjury, alleged to have been committed in the course
of any trial or inquiry of a criminal nature, excepting such as may come
before them in the manner provided for by this section.
AY/M. The zillah and city magistrates are further restricted from
receiving and acting upon charges of perjury, or subornation of perjury,
alleged to have been committed before a collector or other public ofhcer,
unless such ofhcer shall transmit the proceedings held before him, with
his opinion that there are grounds for believing such charge to be well
founded. In that case, and if the magistrate, on inspection of the pro-
ceedings, or after making such further inquiry as he may deem necessary,
shall be of opinion that there are grounds for bringing the party accused to
trial before the UoaoY of 6Y?TM/Y, he shall pass an order to that effect; and
shall at the same time direct whether the accused shall be held to bail, or
kept in custody till the session of the of CYrc^Y.
Xfyfh In all cases provided for by this section, if there be no private
prosecutor to whom the magistrate may judge it proper to leave the prose-
cution of the case before the of UA'CMZf he shall appoint the vakeel
of Government, or some other qualified person, to conduct the prosecution
before the (7oM?Y of (ArcaM, and shall furnish him with the requisite infor-
mation and instructions for that purpose.
XV. By the laws and Regulations in force throughout the whole of the
provinces under this presidency, except the province of Benares, Brahmins,
in common with all other persons, who may be convicted of the heinous
crime of murder, are liable to a sentence of death ; but in the province of
Benares, it is provided by Section XXIII. Regulation XVI. 1795, as well
as by Sections VII. and IX. Regulation XXI. 1795, that Brahmins con-
victed of murder and liable to a sentence of death, shall, in lieu of such
punishment, be sentenced by the Nizamut Adawlut to transportation for
life. This exemption of Brahmins in the province of Benares from the
legal punishment for murder, to which Brahmins as well as all other persons
are subject in every other part of the country, being obviously repugnant
to the principles of equal justice; and having operated to prevent the
infliction of adequate punishment in some atrocious cases of murder,
which have come before the Benares Gb?M^ of GYrcMxY and the Nizamut
Adawlut; Section XXIII. Regulation XVI. 1795, and so much of Sec-
tions VII. and IX. Regulation XXI. 1795, or of any other Regulation
in force as exempts a Brahmin convicted of murder within the province of
Benares from a sentence of death, are hereby rescinded from the date on
which this Regulation may be promulgated. Provided, however, that
nothing in this section shall be understood to render any Brahmin within
the province of Benares liable to a sentence of death for an offence com-
mitted before the promulgation of this Regulation; nor shall the execu-
tion of a sentence of death against a Brahmin take place at a future period
within the limits of any spot of ground held sacred by the Hindoos. The
magistrates are enjoined to execute all sentences of death against Brahmins
at some convenient place situate without such limits.
XVI. The provisions contained in Clause Fifth, Section VII. Regula-
tion LIII. 1803, and in Section VIII. Regulation VIII. 1808, for expe-