Heads of villages authorized to punish petty thefts not exceeding one rupee.

Such punishment to be reported to the head of district police.

Rescission

Preamble.

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.

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.

I. to V. Repealed by Act XVII.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

VI. First. The powers granted to heads of villages under Clause First, Section X, Regulation XI. of 1816, to punish 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.

Second. Heads of villages shall report to the head police officer of the district all cases in which they shall have exeьcised 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 of 1816, is hereby rescinded.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 Rescinded by Section II, Regulation VIII of 1832.

VIII to X. Repealed by Act XVII.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

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 instances, acts of atrocity have been perpetrated which have been shocking to the Hindoos themselves, and in their eyes unlawful 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 intending 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 adheredto 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 immediately subject to the Presidency of Fort St. George.

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

III. First. All zemindars, talookdars, or other proprietors 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

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

All zemindars, talookdars, &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.

Heads of Police how

the intelligence of

fice.

Second. Immediately on receiving intelligence that the to act on receiving 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, 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 subject to punishment by the criminal courts. Should the parties assembled proceed, in defiance of these remonstrances, 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 performance 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 magistrate for his orders.

How to act when

the intelligence of

Third.. Should intelligence of a sacrifice, declared illegal 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 circumstances of the case, in like manner as on all other occasions of unnatural death, and report them for the information 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 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.

Second. It is hereby declared, that after the promulgation 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.

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

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

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.

Persons purchasing

or otherwise receiv

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 subordinate to the Presidency of Fort St. George.

Passed on the 21st December 1832.

WHEREAS it has been found that the offence of selling regimental 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 Seetion LXVII. of the Act 4 Geo. IV., c. 81, for the punishment 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 promulgation.

II. First. From and after the date of the promulgation ing regimental ne- of this regulation, any person who shall knowingly detain, diers, European or 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 sol

fine.

upon any account or pretence whatsoever, any arms, clothes, caps, or other furniture belonging to the East India Company, 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 necessaries, 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.