DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0639
A.D. 1822.]
REGULATION IV.
629
which the heir of the slain, or the person injured, may refuse to prose-
cute, the law ofHcers of the Nizamut Adawlut shall be called on to
declare what the futwa would have been in the event of their having-
prosecuted ; and the judge or judges sitting* on such trial shall pass sen-
tence under the general Regulations, and on a consideration of all the
circumstances of the case, the same as if the parties had come forward to
prosecute.
See Act iv. IV. The circumstance of supervening insanity, subsequent to the
perpetration of a crime at a time when no degree of derangement
existed, and prior to the conviction of the prisoner for such crime, having
been declared by the law ofHcers, in a case of murder, to bar all capital or
discretionary punishment, and to subject such person to deyut only in all
such cases, viz. of a prisoner being afHicted with insanity subsequent to
the commission of any crime, and of his subsequent perfect recovery, the
law ofHcers of the Nizamut Adawlut shall be called on to declare what
the futwa would have been if such derangement had not intervened, and
the judge or judges sitting on the trial shall pass sentence under the
general Regulations, and on consideration of all the circumstances of the
case, the same as if no such malady had happened to the prisoner.
V. It having been found that, in certain cases of murder, the justifica-
tory plea, that the person murdered was the mistress or relation of the
prisoner, and detected in criminal intercourse with another man, or that
the murdered man was found in criminal intercourse with the prisoner s
mistress or relation, or, generally speaking, detected in fornication, has
been upheld by the law ofHcers in bar of capital or discretionary punish-
ment, and has been declared to subject such prisoner to deyut only, it is
hereby enacted, that the law ofHcers of the Nizamut Adawdut shall be
called on to declare in such cases what the futwa would have been if such
plea had not existed, and the judge or judges sitting on the trial shall pass
sentence under the general Regulations, and on consideration of all the
circumstances of the case, the same as if no such plea had existed.
VI. In many cases of corporal injury, extending even to mayhem, it
has been found that the law ofHcers, on the full conviction of the prisoners,
declare them liable to hukoomuti adul only, or a just award, which is con-
strued by them to mean, payment by the prisoner of the expenses incurred
for medicines and medical attendance by the party injured; and such repa-
ration being considered wholly inadequate, it is hereby enacted, that the
judges of shall, under such futwa, be competent to pass sentence
of imprisonment for any period not exceeding seven years, with power to
refer the record to the Nizamut Adawlut, in any case in which they may
deem that degree of punishment inadequate ; and on the receipt thereof,
the Nizamut Adawdut, after requiring a further futwa from their law
ofHcers, shall pass sentence of imprisonment for such limited period of
time as under all the circumstances of the case may be equitable and
just.
VII. It is hereby declared, that the rule contained in Section IV. Regula-
tion XVII. 1817, empowering two or more judges of the Nizamut Adawlut
injured person may re-
fuse to prosecute.
piead them in lieu
of capital or discre-
tionary punishment.
The provisions con-
tained in Sec. iv. Reg.
XVII. extended to
REGULATION IV.
629
which the heir of the slain, or the person injured, may refuse to prose-
cute, the law ofHcers of the Nizamut Adawlut shall be called on to
declare what the futwa would have been in the event of their having-
prosecuted ; and the judge or judges sitting* on such trial shall pass sen-
tence under the general Regulations, and on a consideration of all the
circumstances of the case, the same as if the parties had come forward to
prosecute.
See Act iv. IV. The circumstance of supervening insanity, subsequent to the
perpetration of a crime at a time when no degree of derangement
existed, and prior to the conviction of the prisoner for such crime, having
been declared by the law ofHcers, in a case of murder, to bar all capital or
discretionary punishment, and to subject such person to deyut only in all
such cases, viz. of a prisoner being afHicted with insanity subsequent to
the commission of any crime, and of his subsequent perfect recovery, the
law ofHcers of the Nizamut Adawlut shall be called on to declare what
the futwa would have been if such derangement had not intervened, and
the judge or judges sitting on the trial shall pass sentence under the
general Regulations, and on consideration of all the circumstances of the
case, the same as if no such malady had happened to the prisoner.
V. It having been found that, in certain cases of murder, the justifica-
tory plea, that the person murdered was the mistress or relation of the
prisoner, and detected in criminal intercourse with another man, or that
the murdered man was found in criminal intercourse with the prisoner s
mistress or relation, or, generally speaking, detected in fornication, has
been upheld by the law ofHcers in bar of capital or discretionary punish-
ment, and has been declared to subject such prisoner to deyut only, it is
hereby enacted, that the law ofHcers of the Nizamut Adawdut shall be
called on to declare in such cases what the futwa would have been if such
plea had not existed, and the judge or judges sitting on the trial shall pass
sentence under the general Regulations, and on consideration of all the
circumstances of the case, the same as if no such plea had existed.
VI. In many cases of corporal injury, extending even to mayhem, it
has been found that the law ofHcers, on the full conviction of the prisoners,
declare them liable to hukoomuti adul only, or a just award, which is con-
strued by them to mean, payment by the prisoner of the expenses incurred
for medicines and medical attendance by the party injured; and such repa-
ration being considered wholly inadequate, it is hereby enacted, that the
judges of shall, under such futwa, be competent to pass sentence
of imprisonment for any period not exceeding seven years, with power to
refer the record to the Nizamut Adawlut, in any case in which they may
deem that degree of punishment inadequate ; and on the receipt thereof,
the Nizamut Adawdut, after requiring a further futwa from their law
ofHcers, shall pass sentence of imprisonment for such limited period of
time as under all the circumstances of the case may be equitable and
just.
VII. It is hereby declared, that the rule contained in Section IV. Regula-
tion XVII. 1817, empowering two or more judges of the Nizamut Adawlut
injured person may re-
fuse to prosecute.
piead them in lieu
of capital or discre-
tionary punishment.
The provisions con-
tained in Sec. iv. Reg.
XVII. extended to