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Saturday, October 26, 2013

Provincial Criminal Courts

The plan adopted by Warren Hastings in regard to the administration of criminal justice was the retention of Mohamedam law and tribunals under the general control of the Nawab but subject to the supervision of the Company's Government. The system did not work satisfactorily. The delay in bringing the offenders to justice resulted in increased crime. The constitution of the Criminal Courts was also defective. Lord Cornwallis, by Regulations made in 1790 and 1793, entirely remodelled the judicial system. Courts of Circuits composed of English judges, and of the Qazi and Mooftee, were instituted. The authority of the Nawab Nazim was abolished, and his power s transferred to the Governor-General in Council who formed the Suddar Nizamat Adawlut, the highest of the provincial Criminal Courts. By Regulation II of 1801 the Sudder Nizamat Adawlut was directed to be composed of a Chief Justice and Puisne judges instead of the Governor –General in Council, and by Regulation XII of 1811 the number of these judges was increased. The Circuit Courts failed to provide administration of justice and were consequently abolished in 1829. Their powers were transferred to the Commissioners of Revenue who now became criminal judges in all cases of importance. But the task was found too heavy for them, and accordingly a Regulation of 1831 invested Zillah and city judges with criminal jurisdiction. The Bengal Sessions Courts Act was passed in 1871 which provided for the appointment of Sessions judges and Additional Sessions judges by the local governments in Bengal and northwest  provinces. The Act was a temporary measure and was repealed in 1872.

Judicial institutions similar to those established in Bengal were introduced in the presidency of Madras in 1802. Four Circuit Courts a Court of Criminal Appeal consisting of the Governor and Council were established. The former were established in 1845 and their jurisdiction was transferred to the judges of Zillah Courts.

               In Bombay it was the Magistrates, Zillah judges, and the Court of Circuit who exercised criminal jurisdiction.  A special court also existed for the trial of political offences. Hindus were tried by their own criminal law, Paris and Christians by English law. In1841 it was enacted that political offences should be cognisable by the ordinary courts.

 

 

 

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