Page images



able without the sanction of Government, and to make the
same uniform thronghout the territories under the Govern-
ment of the East India Company ; it is enacted as follows:

I. Repealed by Act XIV. of 1870.
II. Whenever the Government shall be of opinion that Enquiry into

häviour of public there are good grounds for making a formal and public

servant to be made inquiry into the truth of any imputation of misbehaviour

or formal charges. by any person in the service of the Enst India Company not removable from his office without the sanction of the same Government, it shall cause the substance of the imputations to be drawn up into distinct articles of charge, and shall order a formal and public inquiry to be made into the truth thereof. III. The inquiry may be comunisted either to the court, Courts, Board,&c.may

be appointed comboard, or other authority to which the person accused is

missioners :

vious notice to be subordinate, or to any other person or persons to be specially

given to the acappointed by the Government, commissioners for the pur cased. pose : notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry. IV. When the Government shall think fit to conduct Some person mny be

appointed to conthe prosecution, it shall nominate some person to conduct

duct the same on its behalf.

secutinn. V. When the charge shall be brought by an accuser, the Accusation to be re

duced to writing Government shall require the accusation to be reduced to writ

on oath, &c. Acing, and verified by the oath or solemn affirmation of the cuser subject to

penalties of peraccuser, and every person who shall wilfully and maliciously jury for false ale

legations. make any false accusation under this Act, upon such oath or affirmation, shall be liable to the penalties of perjury; but this enactment shall not be construed to prevent the Government from instituting any inquiry which it shall think fit, without such accusation on oath or solemn affirmation as aforesaid.

VI, Where the imputations shall have been made by an Private prosecutor to accuser, and the Government shall think fit to leave to him give security. the conduct of the prosecution, the Government before appointing the commission, shall require him to furnish reasonable security that he will attend and prosecute the




charge thoroughly and effectually, and also will be forth-
coming to answer any counter-charge or action which may
be afterwards brought against him for malicious prosecution,

or perjury, or subornation of perjury, as the case may be.
Govt. may abandou VII. At any subsequent stage of the proceedings, the.

prosecution at any
stage and allow Government may, if it think fit, abandon the prosecution,
accuser to continue and in such cases may, if it think fit, on the application of

the accuser, allow him to continue the prosecution, if he is ·
desirous of so doing, on his furnishing such security as is

herein before mentioned. Powers of commis VIII. The commissioners shall bave the same power of sioners in respect to coutempts, issue punishing contempts and obstructions to their proceedings, of summons, &c.

as is given to civil and criminal courts by Act XXX. of 1841, and shall have the same powers for the summoning of witnesses, and for compelling the production of documents, and for the discharge of their duty under the commission, and shall be entitled to the same protection as the zillah and city judges, except that all process to cause the attendance • of witnesses, or other compulsory process, shall be served through and executed by the zillah or city judge in whose jurisdiction the witness or other person resides, on whom the process is to be served, and if he resides within Calcutta, Madras or Bombay, then through the Supreme Court of Judicature there. When the commission has been issued to a court, or other person or persons having power to issue such process in the exercise of their ordinary authority, they may also use all such power for the purposes of the com

mission. Peralties for dis IX. All persons disobeying any lawful process issued as obedience of pro- aforesaid for thepurposes of the commission, shall be liable to

the same penalties, as if the same had issued originally from

the court or other authority through whom it is executed. List of charges, &c. to X. A copy of the articles of charge, and list of the

be delivered to ac- documents and witnesses by which each charge is to be
cused before trial.

sustained, shall be delivered to the person accused at least
three days before the beginning of the inquiry, exclusive of

the day of delivery, and the first day of the inquiry.
Charge to be ex XI. At the beginning of the inquiry, the prosecutor
bibited and accuser
required to plead shall exhibit the articles of charge to the commissioners,

[ocr errors][ocr errors]
[ocr errors]



which shall be openly read, and the person accused sball to it: in default

be taken thereupon be required to plead guilty' or 'not guilty' to admit its truth. each of them, which pleas shall be forth with recorded with the articles of charge. If the person accused refuses, or without reasonable cause neglects to appear to answer the charge either personally or by his counsel or agent, he shall be taken to admit the truth of the articles of charge.

XII. The prosecutor shall then be entitled to address Prosecutor may exthe commissioners in explanation of the articles of charge,

plain charges. and of the evidence by which they are to be proved : bis address shall not be recorded. XIII. The oral and documentary evidence for the pro- Evidence for pro

secution to be use secution shall then be exhibited : the witnesses shall be ex

hibited : liable to amined by or on behalf of the prosecutor, and may be cross cross-examivation, examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross-examined but not on any new matter, without leave of the cominissioners, who also may put such questions as they think fit. XIV. If it shall appear necessary before the close of the With permission new

evidence may be case for the prosecution, the commissioners may in their

taken. discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence, and in such case the person accused shall be entitled to have, if he demand it, an adjournment of the proceedings for three clear days before the exhibition of such new evidence, exclusive of the day of adjournment and of the day to which the proceedings are adjourned.

XV. When the case for the prosecution is closed, the Defence may be oral person accused shall be required to make bis defence, orally

or writteu. or in writing, as he shall prefer. If made orally, it shall not be recorded; if made in writing, it shall be recorded, after being openly read, and in that case a copy shall be given at the same time to the prosecutor.

XVI. The evidence for the defence shall then be ex- Evidence for defence hibited, and the witnesses examined, who shall be liable to

to be exbibited and

liable to cross-examination and re-examination, and to examination examination.


[ocr errors]

by the commissioners according to the like rules as the

witnesses for the prosecution. Witness to be examin. XVII. All witnesses, either for the prosecution or

ed on oath and prosecutor way give defence, shall be examined on oath, or, if exempt from takevidence.

ing an oath in courts of justice, on solemn affirmation, to be administered in either case by one of the commissioners, and every witness so examined and wilfully giving false evidence on any material point, shall be deemed guilty of and liable to the penalties of perjury. When the prosecution is not conducted on behalf of Government, the prosecutor may bimself give evidence for the prosecution and

may be examined for the defence. Notes of evidence to XVIII. The cominissioner's or some person appointed

be taken and read to witness. by them, shall take notes in English of all the oral evidence,

which shall be read aloud to each witness by whom the saine was given, and if necessary, explained to him in the language in which it was given, and shall be recorded with

the proceedings. Prosecutor entitled to

XIX. If the person accused makes only an oral defenee, reply if accused makes defence and and exhibits no evidence, the inquiry shall end with his exhibits evidence. defence; if he records a written defence, or exhibits evidence,

the prosecutor shall be entitled to a general oral reply on the whole case, and may also exbibit evidence to contradict any evidence exbibited for the defence, in which case the person accused shall not be entitled to any adjournment of the proceedings, although such new evidence was not in

cluded in the list furnished to him. Commissioner

XX. When the commissioners shall be of opinion that require amendment of charges and ad- the articles of charge, or any of them, are not drawn with jouru iuquiry.

sufficient clearness and precision, the commissioners may, in their discretion, require the same to be amended, and may thereupon, on the application of the person accused, cdjourn the inquiry for a reasonable time. The commissioners may also, if they think fit, adjourn the inquiry from tiine to time, on the application of either the prosecutor or the person accused, on the ground of the sickness or unavoidable absence of any witness or other reasonable cause. When such application is made and refused, the commis






sioners shall record the application, and their reasons for refusing to comply with it.

XXI. After the close of the inquiry, the commissioners Proceedings to be re shall forthwith report to Government their proceedings un

ported to Govern. • der the commission, and shall send with the record thereof

their opinion upon each of the articles of charge separately, with such observations as they think fit on the whole case. XXII. The Government, on consideration of the report Govt. may order fur.

ther evidence to be of the commissioners, may order them to take further evidence, or give further explanation of their opinions. It charges framed. may also order additional articles of charge to be framed, in which case the inquiry into the truth of such additional articles shall be made in the same manner as is herein directed with respect to the original charges. When special commissioners have been appointed, the Government may also, if it thinks fit, refer the report of the commissioners to the court or other authority to which the person accused is subordinate, for their opinion on the case ; and will finally pass such orders thereon as appear just and consistent with its powers in such cases.

XXIII. The word 'Government' as used in this Act, Government defined. means the Governor General in Council, the Governor or Deputy Governor of the Presidency of Fort William in Bengal, the Governor in Council of the Presidencies of Fort St. George and Bombay respectively, and the Lieutenant Governor of the North-Western Provinces of Bengal, whose sanction is necessary for the removal of the person accused.

XXIV. Repealed by Act XVI. of 1868.
XXV. Nothing in this Act shall be construed to afect Nor affect authority

of Government to the authority of Government, for suspending or removing any public servant for any cause without an enquiry under vants without en

quiry. this Act.


any ser

« EelmineJätka »