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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

DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0703
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A.D. 1824.]

REGULATION VI.

693

See Act in. to exceed in the aggregate thirty stripes with a rattan and imprisonment for
the term of two years, provided he shall be of opinion, on consideration of
the several acts of criminality established against the prisoner and the cir-
cumstances of each case, that the punishment above specified is sufficient.
V/ohA If, however, the magistrate should be of opinion that the pri-
soner is deserving of a more severe punishment than that above specified,
he shall refrain from passing any sentence, and shall commit the prisoner
to take his trial before the of for each offence.
III. In modification of Clause Second, Section II. Regulation XII.
1818, the magistrates are hereby declared to be empowered to commit for
trial to the 6bMf% qf any person charged with the offence of bur-
glary, whenever they may be of opinion that there exist any circumstances
of aggravation (though not of the nature specified in the clause above
quoted), such as to render the prisoner deserving of a more severe punish-
ment than the magistrates are competent to inflict.
IV. A doubt having arisen whether the amendment of Section III.
Regulation XII. 1818, contained in Section IV. Regulation IV. 1820, in
cases of theft, when the amount or value stolen shall exceed the sum of
three hundred rupees, was meant to be applied to purchasers or receivers
of stolen property, in amendment of the second clause of Section IV.
Regulation XII. 1818, it is hereby declared that the provision for com-
mitment to the UbM?^ contained in Section IV. Regulation IV.
1820, is applicable to purchasers and receivers of stolen property, know-
ing at the time that such property was stolen, when the amount or value
of the property stolen shall exceed three hundred rupees.
V. It is further declared, in amendment of the provisions for commit-
ment to the 6b%?^ of UzrcMzf contained in Sections II. III. and IV. of
Regulation XII. 1818, that a previous conviction of petty theft, not
exceeding ten rupees, when unattended with any aggravating circum-
stance, shall not be deemed a previous conviction of a heinous crime, such
as precludes the magistrate's judicial cognizance of a charge of burglary
or theft, or of buying or receiving stolen property, and requires that the
prisoner be committed for trial before the Cbm'% qf UfrcMzf in any of the
sections above mentioned.


If not sufficient, the
magistrate to commit
the prisoner to the
Cowri of 6A c'Mf for
trial for each offence.

Cl. 2, Sec. ii. Reg.
XII. 1818, modified.

Sec. iv. Reg. IV.

of Reg. XII. 1818,
 
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