DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0935
A.D. 1832,]
REGULATION VI.
925
opinion of each assessor shall be given separately and discussed ; and if any
of the assessors, or the authority presiding in the court, shall desire it, the
opinions of the assessors shall be recorded in writing in the suit.
AoM-r/A. Or, thirdly, by employing them more nearly as a jury. They
will then attend during the trial of the suit, will suggest, as it proceeds,
such points of inquiry as occur to them ; the court, if no objection exists,
using every endeavour to procure the required information, and after
consultation will deliver in their verdict. The mode of selecting the
jurors, the number to be employed, and the manner in which their
verdict shall be delivered, are left to the discretion of the judge who
presides.
AV/M. It is clearly to be understood that, under all the modes of pro-
cedure described in the three preceding clauses, the decision is vested
exclusively in the authority presiding in the court.
IV. AVr.yf. The provisions of the preceding section are applicable, but
without the necessity for any special authority from the Government, to
all Courts of Criminal Justice, in which a commissioner of circuit or a
judge of sessions may preside. In all trials in which recourse may be had
to the provisions of this Regulation, the futwa of a Mahomedan law officer
is declared unnecessary, and may be dispensed with at the option of the
court, anything in the existing Regulations to the contrary notwithstand-
ing; provided, that whenever the futwa is dispensed with, and the crime
of which the prisoner is convicted be one which the judge is not specifi-
cally empowered by the Regulations to punish, he shall not proceed to
pass sentence, but shall refer the case for the consideration of the Nizamut
Adawlut, stating at length in the proceedings the opinion of the pun-
chayet, assessors, or jury, and his own opinion as to the crime proved, and
the nature and extent of the punishment which should be awarded.
Nc<?072A In criminal trials also it is to be understood that, under all the
modes of procedure prescribed in this Regulation, the decision is vested
exclusively in the officer presiding in the court, provided that the sen-
tence be one which, under the existing Regulations, it is within his
competency to pass.
V. In modification of the rules contained in Regulations IX. 1793, and
VII. 1803, or other corresponding enactments which provide for the
delivery of futwas before the and the Nizamut Adawlut,
and which prescribe that the sentences of those courts should be regulated
by the Mahomedan law, it is hereby declared that any person not pro-
fessing the Mahomedan faith, when brought to trial on a commitment for
an offence cognizable under the general Regulations, may claim to be
exempted from trial under the provisions of the Mahomedan criminal
co,de; and in such case the co7727722&y2072dP q/* w judge of sessions
presiding on the trial shall comply with such requisition, and shall proceed
in one of the three modes referred to in Section IV. of this Regulation,
at the same time dispensing with the futwa of the Mahomedan law
officer.
VI. In modification of Section LXXVII. Regulation IX. 1793, Sec-
tion XII. Regulation VIII. 1803, Section VII. Regulation VIII. 1808,
decision vested exclu-
sively in the authority
presiding in the court.
The same rules ap-
plicable to Courts of
Criminal Justice, but
In trials so held, the
futwa of the Mahome-
dan law officer may be
dispensed with.
Proviso if the futwa
be dispensed with.
modes referred to in
Sec. iv. of this Regula-
tion.
The judges of the
Nizamut Adawlut em-
powered to exercise
REGULATION VI.
925
opinion of each assessor shall be given separately and discussed ; and if any
of the assessors, or the authority presiding in the court, shall desire it, the
opinions of the assessors shall be recorded in writing in the suit.
AoM-r/A. Or, thirdly, by employing them more nearly as a jury. They
will then attend during the trial of the suit, will suggest, as it proceeds,
such points of inquiry as occur to them ; the court, if no objection exists,
using every endeavour to procure the required information, and after
consultation will deliver in their verdict. The mode of selecting the
jurors, the number to be employed, and the manner in which their
verdict shall be delivered, are left to the discretion of the judge who
presides.
AV/M. It is clearly to be understood that, under all the modes of pro-
cedure described in the three preceding clauses, the decision is vested
exclusively in the authority presiding in the court.
IV. AVr.yf. The provisions of the preceding section are applicable, but
without the necessity for any special authority from the Government, to
all Courts of Criminal Justice, in which a commissioner of circuit or a
judge of sessions may preside. In all trials in which recourse may be had
to the provisions of this Regulation, the futwa of a Mahomedan law officer
is declared unnecessary, and may be dispensed with at the option of the
court, anything in the existing Regulations to the contrary notwithstand-
ing; provided, that whenever the futwa is dispensed with, and the crime
of which the prisoner is convicted be one which the judge is not specifi-
cally empowered by the Regulations to punish, he shall not proceed to
pass sentence, but shall refer the case for the consideration of the Nizamut
Adawlut, stating at length in the proceedings the opinion of the pun-
chayet, assessors, or jury, and his own opinion as to the crime proved, and
the nature and extent of the punishment which should be awarded.
Nc<?072A In criminal trials also it is to be understood that, under all the
modes of procedure prescribed in this Regulation, the decision is vested
exclusively in the officer presiding in the court, provided that the sen-
tence be one which, under the existing Regulations, it is within his
competency to pass.
V. In modification of the rules contained in Regulations IX. 1793, and
VII. 1803, or other corresponding enactments which provide for the
delivery of futwas before the and the Nizamut Adawlut,
and which prescribe that the sentences of those courts should be regulated
by the Mahomedan law, it is hereby declared that any person not pro-
fessing the Mahomedan faith, when brought to trial on a commitment for
an offence cognizable under the general Regulations, may claim to be
exempted from trial under the provisions of the Mahomedan criminal
co,de; and in such case the co7727722&y2072dP q/* w judge of sessions
presiding on the trial shall comply with such requisition, and shall proceed
in one of the three modes referred to in Section IV. of this Regulation,
at the same time dispensing with the futwa of the Mahomedan law
officer.
VI. In modification of Section LXXVII. Regulation IX. 1793, Sec-
tion XII. Regulation VIII. 1803, Section VII. Regulation VIII. 1808,
decision vested exclu-
sively in the authority
presiding in the court.
The same rules ap-
plicable to Courts of
Criminal Justice, but
In trials so held, the
futwa of the Mahome-
dan law officer may be
dispensed with.
Proviso if the futwa
be dispensed with.
modes referred to in
Sec. iv. of this Regula-
tion.
The judges of the
Nizamut Adawlut em-
powered to exercise