LECTURE rent suits. VII. From their decisions the appeal lay in the former Presidency to the Zillah Courts; in the latter to the Sudder Court. In 1866 the local legislature at Bombay passed an Act to divest the Courts of Revenue of jurisdiction in cases relating to the rent of land and the use of wells, tanks, watercourses, and roads to fields and to vest such jurisdiction in the Civil Courts. * Act II of 1866 (Bombay C.) LECTURE VIII. THE PROVINCIAL CRIMINAL COURTS. Criminal Justice in early times-Sudder Nizamut Adawlut-Mahomedan lawGovernor-General supersedes the Nawab Nazim-Police administration in ear. ly times-Scheme of Warren Hastings-Civil Judges appointed MagistrateFurther measures- -System of 1793-Sudder Nizamut Adawlat-Courts of Circuit-Abolished in 1829-Replaced by Commissioners of Revenue and Circuit-Criminal jurisdiction of Zillah Judges-Sessions Judges-Session's Court Act of 1871-Criminal Justice in Madras-Criminal Justice in Bombay-Sudder Nizamut for the North-West Provinces-Police in Bengal-Supervision of police by Magistrates-Zillah Judges declared to be Magistrates -Police in Benares-Assimilated to Bengal-Police Officers-Darogahs--Mohurrahs-Jemadars-Watchers-Control of Commissioners of Circuit-Police in MadrasPolice in Bombay-General condition of the Police--Sir Charles Napier's reform of it in Sind-North-West Provinces-Bombay and Punjab--Oudh-Madras--Act V of 1861. Justice times. THE scheme for the administration of criminal as Criminal well as of civil justice in Bengal is attributable in early to Warren Hastings. The principle originally adopted was to retain the Mahomedan law and law officers and Courts for the repression of crime; subject to the supervision, not apparently very close or effective, of the Government. A scheme of police was also prepared and carried into execution. But in the year 1793 the whole system of criminal and police, as well as of civil, administration was remodelled, by the light of the experience of twenty years. VIII. LECTURE It appears that Criminal Courts, denominated Foujdary Adawluts, were first appointed in Bengal for the trial of persons charged with crimes or misdemeanours pursuant to the Regulations passed by the President in Council in 1772. The Collectors of Revenue were directed to superintend the proceedings of the officers in those Courts, and on trials to see that the necessary witnesses were summoned and examined, that due weight was allowed to their testimony, and that the decisions passed were fair and impartial. Sudder cases. A Sudder Nizamut Adawlut was established at Moorshedabad under the superintendence of a Committee of Revenue for the purpose of revising the proceedings of the Provincial Courts in capital It was upon the abolition of that Committee that the Nizamut Adawlut was, for the first time, brought to Calcutta. The history of the Provincial Criminal Courts, down to the year 1775, when the Nizamut Adawlut was carried back to Moorshedabad, has already been described.† The Foujdary Adawluts however did not work successfully under the superintendence of the East India Company's Government; and the discharge of the duties entrusted to the Governor-General, as head of the Nizamut Adawlut or Supreme Penal Court of Calcutta, loaded him with a weight of business and of responsibility, * See Regulation IX of 1793, Preamble. † See ante, pp. 35, 36, and 38. VIII. from* which he sought to be relieved. The majority LECTURE of the Council took advantage of this circumstance, to restore to Mohammed Reza Khan the Mahomedan Dewan to whom I have frequently referred, the superintendence of penal justice and of the Criminal Courts throughout the country; and for that purpose, removed the seat of the Nizamut Adawlut from Calcutta back to Moorshedabad. dan law. During the fifteen years which elapsed before Mahomethe Nizamut was again restored to Calcutta, the course of the administration of criminal justice, setting aside the jurisdiction of the Supreme Court, was that the Mahomedan tribunals administered Mahomedan law under the general control of the Nazim, but subject in each Court to the supervision of English authority.. General the Nawab In 1790, it was determined by Lord Cornwallis, Governorwith reference to the administration of criminal supersedes justice,† that "the future control of so important Nazim. a branch of Government ought not to be left to the sole discretion of any native, or indeed of any single person whomsoever." That year is an important epoch in the history of this subject. By the Regulations then passed, the powers of the Nabob Nazim passed to the Governor-General in Council, and the system of criminal justice was entirely remodelled. * Mill's History of India, p. 455. LECTURE Police tration in early times. Before I proceed to explain the nature of the system thus established, it will be necessary to adminis describe the scheme of police administration which had been in force. Originally the zemindars appear to have been the persons who were responsible for* the public safety and the maintenance of the public roads. There was a clause in the engagement of these landholders and farmers of land by which they were bound to keep the peace; and in the event of any robbery being committed in their respective estates or farms, to produce both the robbers and the property plundered. In 1772, however, the Foujdary jurisdiction of the zemindars was transferred to the Adawluts; for chakaran land had been resumed, and collusion was constantly proved or suspected between the perpetrators of offences and the officers who were maintained by the holders of land. Scheme of Warren Accordingly a general system of police became Hastings. one of the greatest wants of the country, and Mr. Hastings in 1774 divided Bengal for purposes of police into fourteen different districts. Thannadars were appointed over them, landholders were enjoined to assist, chakaran lands were again applied to their original design; and Foujdars were appointed to apprehend all offenders against the public peace. This system proved a failure, and lasted a very few years. * See Preamble to Regulation XXII of 1793. † See Bengal Council Legislative Proceedings, Vol. V., 1871, p. 142, Speech of the Lieutenant-Governor. |