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Rescission

circumstances thereof, to the zillah judge, in order that he may proceed in regard to the accused in the mode prescribed by Section VII. Regulation VI. of 1816.

I. to V. Repealed by Act XVII. of 1862.

Heads of villages authorized to punish

VI. First. The powers granted to heads of villages under petty thefts not Clause First, Section X, Regulation XI. of 1816, to punish exceeding rupee.

one

trivial offences, are hereby extended, under the rules and limitations therein specified, to the punishment of petty thefts, not attended with aggravating circumstances nor committed by persons of notoriously bad character, and where the value of the property stolen does not exceed one Madras rupee.

Preamble.

A.D. 1821. REGULATION IV.

A REGULATION for giving greater Efficiency to the System of Police established in the Provinces subordinate to the Presidency of Fort St. George.

Passed on the 15th June 1821.

Such punishment to be reported to the

Second.

Heads of villages shall report to the head police head of district officer of the district all cases in which they shall have exes

police.

cised the power of punishment granted to them by Clause First of this section.

VII. First. Section XXXVII. Regulation IX. of 1816, is hereby rescinded.

Second. Rescinded by Section II, Regulation VIII of

1832.

VIII to X. Repealed by Act XVII. of 1862.

A.D. 1830. REGULATION I.

A REGULATION for declaring the Practice of Suttee, or of burning or burying alive the Widows of Hindoos, illegal, and punishable by the Criminal Courts.

Passed on the 2nd February 1830.

The practice of suttee, or of burning or burying alive the widows of Hindoos, is revolting to the feelings of human

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nature; it is nowhere enjoined by the religion of the Hindoos
as an imperative duty; on the contrary, a life of purity and
retirement on the part of the widow is more especially and
preferably inculcated, and by a vast majority of that people
throughout India the practice is not kept up nor observed; in
some extensive districts it does not exist; in those in which
it has been most frequent, it is notorious that in many in-
stances, acts of atrocity have been perpetrated which have been
shocking to the Hindoos themselves, and in their eyes unlaw-
ful and wicked. The measures hitherto adopted to discourage
and prevent such acts have failed of success, and the Governor
in Council is deeply impressed with the conviction that the
abuses in question cannot be effectually put an end to
without abolishing the practice altogether. Actuated by
these considerations, the Governor in Council, without in-
tending to depart from one of the first and most important
principles of the system of British government in India,
that all classes of the people be secure in the observance of
their religious usages, so long as that system can be adhered
to without violation of the paramount dictates of justice and
humanity, has deemed it right to establish the following
rules, which are hereby enacted, to be in force from the
time of their promulgation throughout the territories im-
mediately subject to the Presidency of Fort St. George.

II. The practice of suttee, or of burning or burying alive the widows of Hindoos, is hereby declared illegal, and punishable by the Criminal Courts.

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The practice of suttee, or of burying alive the widows of Hindoos, declared illegal and punishable by the Criminal Courts.

III. First. All zemindars, talookdars, or other pro- All zemindars, talookprietors of land, whether malguzary or lakheraj; all sudder farmers and under-renters of land of every description, all dependent talookdars, all naibs and other local agents, all native officers employed in the collection of the revenue and rents of lands on the part of Government, or the Court of Wards, and all head-men of villages, are hereby declared especially accountable for the immediate communication to the officers of the nearest police station of any intended sacrifice of the nature described in the foregoing section; and '

dars, &c. held res sponsible for the immediate commu. nication to the officers of the nearest police station of any intended sacrifice.

any zemindar, or other description of persons above noticed, to whom such responsibility is declared to attach, who may be convicted of wilfully neglecting or delaying to furnish Penalty in case of the information above required, shall be liable to be fined neglect by the magistrate or joint magistrate in any sum not exceeding 200 rupees, and in default of payment, to be confined for any period of imprisonment not exceeding six months.

I

Heads of Police how

Second. Immediately on receiving intelligence that the the intelligence of sacrifice declared illegal by this regulation is likely to occur, the intended sacri- the head of police shall either repair in person to the spot,

fice.

or depute one of his subordinate officers, acccompanied by
one or more peons of the Hindu religion, and it shall be
the duty of the police officers to announce to the persons
assembled for the performance of the ceremony, that it is
illegal, and to endeavour to prevail on them to disperse,
explaining to them that, in the event of their persisting in
it, they will involve themselves in a crime, and become sub-
ject to punishment by the criminal courts. Should the
parties assembled proceed, in defiance of these remon-
strances, to carry the ceremony into effect, it shall be the duty
of the police officers to use all lawful means in their power
to prevent the sacrifice from taking place, and to apprehend
the principal persons aiding and abetting in the perform-
ance of it; and in the event of being unable to apprehend
them, they shall endeavour to ascertain their names and
places of abode, and shall immediately communicate the
whole of the particulars to the magistrate or joint magis-
trate for his orders.

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How to act when

Third.. Should intelligence of a sacrifice, declared illegal

the intelligence of

a sacrifice may not by this regulation, not reach the police officers until after reach them until it shall have actually taken place, or should the sacrifice

after it shall have

actually taken have been carried into effect before their arrival at the spot, place.

they will nevertheless institute a full inquiry into the cir-
cumstances of the case, in like manner as on all other oc-
casions of unnatural death, and report them for the infor-
mation and orders of the magistrate or joint magistrate to
whom they may be subordinate.

IV. First. On the receipt of the reports required to be The Magistrate or made by the heads of police, under the provisions of the foregoing section, the magistrate or joint magistrate of the jurisdiction in which the sacrifice may have taken place, shall enquire into the circumstances of the case, and shall adopt the necessary measures for bringing the parties concerned in promoting it to trial before the Court of Circuit.

Joint Magistrate of the jurisdiction in which the sacrifice may take place, how to proceed against the parties concern, ed in promoting it.

aiding and abetting in the sacrifice of a Hindoo widow, shail be deemed guilty of culpable homicide, and liable to punishment.

Second. It is hereby declared, that after the promulga- Persons convicted of tion of this regulation, all persons convicted of aiding and abetting in the sacrifice of a Hindoo widow, by burning or burying her alive, whether the sacrifice be voluntary on her part or not, shall be deemed guilty of culpable homicide, and shall be liable to punishment by fine or by imprisonment, or by both fine and imprisonment, at the discretion of the Court of Circuit, according to the nature and circumstances of the case, and the degree of guilt established against the offender; nor shall it be held to be any plea of justification that he or she was desired by the party sacrificed to assist in putting her to death.

Third. Persons committed to take their trial before the Court of Circuit for the offence above mentioned, shall be admitted to bail or not at the discretion of the criminal judge, subject to the general rules in force in regard to the admission of bail.

V. It is further deemed necessary to declare, that nothing contained in this regulation shall be construed to preclude the Court of Foujdarry Adawlut from passing sentence of death on persons convicted of using violence or compulsion, or of having assisted in burning or burying alive a Hindoo woman while labouring under a state of intoxication or stupefaction, or other cause impeding the exercise of her free will, when, from the aggravated nature of the offence proved against the prisoner, the court may see no circumstance to render him or her a proper object of mercy.

Persons committed to take their trial before the Court of Circuit shall be ad mitted to bail, or not, at the discretion of the criminal judge.

The Court of Foujdarry Adalut not precluded from passing scutence of death in certain

cases.

Preamble.

A.D. 1832. REGULATION XIV.

A REGULATION for extending such Part of the Provisions of
Section LXVII. of the Act 4 Geo. IV., c. 81, as relates to
the Penalties prescribed for Purchasing Clothes and other
Necessaries from Soldiers, throughout the Provinces subor-
dinate to the Presidency of Fort St. George.

Passed on the 21st December 1832.

WHEREAS it has been found that the offence of selling re-
gimental necessaries is prevalent among the Company's
troops, and it is deemed expedient, in order to put a stop to
this criminal practice, that the provisions contained in See-
tion LXVII. of the Act 4 Geo. IV., c. 81,* for the punish-
ment of persons purchasing clothes and other necessaries
from soldiers, should be extended throughout the provinces
subordinate to the Presidency of Fort St. George, and should
be made applicable to persons purchasing such articles from
native as well as from European troops,—the following rules
have been enacted, to be in force from the date of their pro-
mulgation.

Persons purchasing or otherwise receiv

II. First. From and after the date of the promulgation

ing regimental ne- of this regulation, any person who shall knowingly detain, buy, or exchange, or otherwise receive from any soldier or native, liable to deserter, native as well as European, or any other person,

cessaries from soldiers, European or

fine.

upon any account or pretence whatsoever, any arms, clothes,
caps, or other furniture belonging to the East India Com-
pany, or furnished and provided for the use of any troops
or forces, native as well as European, serving with the
forces of the said Company, or any meat, drink, beer, or
other provision provided under any regulations relating
thereto, or any such articles belonging to any such soldier
or deserter as are generally deemed regimental neces-
saries, according to the custom of the army, being provided
for the soldier and paid for by deductions out of his pay, or
shall cause the colour of any such clothes to be changed,
shall, on conviction before the criminal, joint criminal, or

*The Act referred to has been superseded by the 3 and 4 Victoria, c. 37, in the thirty-sixth section of which is an enactment corresponding with that in the section here cited.

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