DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0676
666
REGULATION II.
[A.D. 1823;
Reg. II. 1823.
Preamble.
victed before the CoMWs
o/ CAcwR of a charge
of affray attended with
homicide, not to be
sentenced to a shorter
period of imprisonment
than hve years.
which the above sen-
tence may appear too
severe, the cases to be
referred to the Niza-
mutAdawlut.
sons convicted of af-
frays.
A.D. 1823. REGULATION II.*
A REGULATION ^0?' ^Ad 77207'6 NMpy7'd^7072 o/ A^7^R7/^ .* PASSED by
/Ac GoccTvz w-GcTzem/ m 022 /Ac 2(PA A/ArcA, 1823.
I. WHEREAS the offence of affi'ays regarding land, and arising from
other causes, is still extremely prevalent; and whereas, with a view to
obviate the ill consequences that might result from too great a degree of
lenity in the sentences passed upon proof of this offence before the Courts
of Circuit, it has been deemed advisable to fix a minimum of punishment
in such cases for those courts; the following rules have been passed, to be
in force from the time of their promulgation throughout the territories
immediately depending on the presidency of Fort William.
II. From and after the promulgation of this Regulation, whenever any
person or persons committed for trial to the Uo?2?'/ qf (7?Vc?22/ on a charge
of affray attended with homicide shall be convicted by the law officer,
with the concurrence of the judge of cb'C222/, of the offence above men-
tioned, it shall not be competent to the judge of cAczA/ to sentence the
person or persons so convicted to a less term of imprisonment than five
years from the date of such sentence, with or without labour 2272c/
y72272MA772C72/.
III. Whenever, with regard to any person or persons so convicted, the
judge of C27TM2Y shall be of opinion that the punishment above stated is
more than adequate to the offence, he shall issue no sentence in the trial,
but shall refer the case for the sentence of the Nizamut Adawlut, setting
forth at large, in his letter of reference, the grounds on which he may
apply for a mitigation.
IV. Nothing in this Regulation shall be construed to alter the existing
rules by which a judge of C27*C222/ is competent, in such cases, to pass a
sentence of seven years' imprisonment, with or without the addition of
labour 2222c/ .sAvyicg, or those by which, where he may consider even that
punishment to be inadequate to the offence, he is authorized to refer the
trial, for a still heavier punishment, to the Court of Nizamut Adawlut.
* This Regulation is explained and modified by Reg. VI. 1828. Corporal punishment was
abolished, and commutation ordered for that and in certain cases for the penalty of labour by
Reg. II. 1834.
XII. 1825, ami
11.1834.
Reg. XII. 1825.
REGULATION II.
[A.D. 1823;
Reg. II. 1823.
Preamble.
victed before the CoMWs
o/ CAcwR of a charge
of affray attended with
homicide, not to be
sentenced to a shorter
period of imprisonment
than hve years.
which the above sen-
tence may appear too
severe, the cases to be
referred to the Niza-
mutAdawlut.
sons convicted of af-
frays.
A.D. 1823. REGULATION II.*
A REGULATION ^0?' ^Ad 77207'6 NMpy7'd^7072 o/ A^7^R7/^ .* PASSED by
/Ac GoccTvz w-GcTzem/ m 022 /Ac 2(PA A/ArcA, 1823.
I. WHEREAS the offence of affi'ays regarding land, and arising from
other causes, is still extremely prevalent; and whereas, with a view to
obviate the ill consequences that might result from too great a degree of
lenity in the sentences passed upon proof of this offence before the Courts
of Circuit, it has been deemed advisable to fix a minimum of punishment
in such cases for those courts; the following rules have been passed, to be
in force from the time of their promulgation throughout the territories
immediately depending on the presidency of Fort William.
II. From and after the promulgation of this Regulation, whenever any
person or persons committed for trial to the Uo?2?'/ qf (7?Vc?22/ on a charge
of affray attended with homicide shall be convicted by the law officer,
with the concurrence of the judge of cb'C222/, of the offence above men-
tioned, it shall not be competent to the judge of cAczA/ to sentence the
person or persons so convicted to a less term of imprisonment than five
years from the date of such sentence, with or without labour 2272c/
y72272MA772C72/.
III. Whenever, with regard to any person or persons so convicted, the
judge of C27TM2Y shall be of opinion that the punishment above stated is
more than adequate to the offence, he shall issue no sentence in the trial,
but shall refer the case for the sentence of the Nizamut Adawlut, setting
forth at large, in his letter of reference, the grounds on which he may
apply for a mitigation.
IV. Nothing in this Regulation shall be construed to alter the existing
rules by which a judge of C27*C222/ is competent, in such cases, to pass a
sentence of seven years' imprisonment, with or without the addition of
labour 2222c/ .sAvyicg, or those by which, where he may consider even that
punishment to be inadequate to the offence, he is authorized to refer the
trial, for a still heavier punishment, to the Court of Nizamut Adawlut.
* This Regulation is explained and modified by Reg. VI. 1828. Corporal punishment was
abolished, and commutation ordered for that and in certain cases for the penalty of labour by
Reg. II. 1834.
XII. 1825, ami
11.1834.
Reg. XII. 1825.