citing disaffection, it was held that resolutions proposed at a former meeting at which he had presided, were admissible as showing the intention of those who assembled at the second meeting, both having avowedly the same object. The meeting in question was attended by large bodies of men who came from a distance, marching in regular military order, and it was held to be admissible evidence of the character and intention of the meeting, to show that within two days of the same considerable numbers of men were seen training and drilling before day-break, at a place from which one of these bodies had come to the meeting; and that on their discovering the persons who saw them they ill-treated them, and forced one of them to swear never to be a King's man again. Also, that it was admissible evidence for the same purpose to show, that another body of men in their progress to the meeting, in passing the house of the person who had been so ill-treated, exhibited their disapprobation of his conduct by hissing. And inscriptions, and devices on banners and flags, displayed at a meeting were held to be admissible evidence for the same purpose. See, also, the Indian Evidence Act, 1872, s. 10.

According to the English law of evidence,

"There must be two witnesses to prove the treason, both of them to the same overt-act, or one of them to one, and the other of them to another overt-act, of the same treason; unless the defendant shall willingly, without violence, confess the same. And if the jury do not give credit to both witnesses, the defendant shall be acquitted. But one witness is sufficient to prove a collateral fact; as, that the defendant is a natural born subject, or the like." (Arch. 627.)

But under the Indian Evidence Act, 1872, s. 134,

"No particular number of witnesses shall in any case be required for the proof of any fact."

I presume that this Section is intended to do away with the rule of English law as to the minimum evidence required on charges of high treason and perjury. If so, however, the language is not very accurate. An English jury in either of the above cases is not told to disbelieve the fact spoken to by only one witness, but is informed that something more than such proof of the fact is required before they can be allowed to convict of the crime.

The evidence of an accomplice does not require corroboration, as a matter of law, (Indian Ev. Act, 1872, s. 133) though it is desirable as a matter of precaution. (1 R. C. C. Cr. 78. 4 Mad. H. C. Rul. 7. 3 Bomb. CC. 57. 3 B. A. Čr. 66. 6 Bomb. CC. 57.)

Collecting arms, &c., with the in

tention of waging

122. Whoever collects men, arms, or ammunition, or otherwise prepares to wage war, with the intention of either waging or being prepared to wage war against the Queen, shall be punished with transportation forlife or imprisonment of either description for a term not exceeding ten years, and shall forfeit all his property.

war against the Queen.

Concealing with intent to facilitate

a design to wage

war.

123. Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Queen, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Governor, &c.,

power.

124. Whoever with the intention of inducing or Assaulting Go- compelling the Governor-General of vernor-General, India, or the Governor of any Presiwith intent to dency, or a Lieutenant-Governor, or compel ΟΙ res- a Member of the Council of the train the exercise of any lawful Governor-General of India, or of the Council of any Presidency, to exercise or refrain from exercising in any manner any of the lawful powers of such Governor-General, Governor, Lieutenant-Governor, or Member of Council, assaults, or wrongfully restrains, or attempts wrongfully to restrain, or overawes by means of criminal force or the show of criminal force, or attempts so to overawe, such Governor-General, Governor, Lieutenant-Governor, or Member of Council, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exciting disaffection.

124A. Whoever by words, either spoken or intended to be read, or by signs, or by visible representation, or otherwise, excites or attempts to excite feelings of disaffection to the Government established by law in British India, shall be punished with transportation for life or for any term, to which fine may be added, or with imprisonment for a term which may extend to three years, to which fine may be added, or with fine.

Explanation.-Such a disapprobation of the measures of the Government as is compatible with a disposition to render obedience to the lawful authority of the Government, and to support the lawful authority of the Government against unlawful attempts to subvert or resist that authority, is not disaffection. Therefore, the making of comments on the measures of the Government, with the intention of exciting only this species of disapprobation, is not an offence within this clause. (Act XXVII of 1870, s. 5. See ss. 13 & 14 post p. 107.)

125. Waging against any Asiatic power in alli

war

ance with the

Queen.

Whoever wages war against the Government of any Asiatic power in alliance or at peace with the Queen, or attempts to wage such war, or abets the waging of such war, shall be punished with transportation for life, to which fine may be added; or with imprisonment of either description for a term which may extend to seven years, to which fine may be added; or with fine.

predation on the territories of any

power at

peace

126. Whoever commits depredation, or makes Committing de- preparations to commit depredation, on the territories of any power in alliance or at peace with the Queen, with the Queen. shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used, or intended to be used, in committing such depredation, or acquired by such depredation.

Receiving pro

127. Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in Sections 125 and 126, shall be punished with imprisonment of either description for a term which

perty taken by or depreda

war

tion mentioned in Sections 125 and 126.

128. Public servant

voluntarily allowing Prisoner of State or War

may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received. Whoever, being a public servant, and having the custody of any State Prisoner or Prisoner of War, voluntarily allows such prisoner to escape from any in his custody to place in which such prisoner is confined, shall be punished with transportation for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

escape.

negligently suffering Prisoner of State or War in his custody escape.

129. Whoever, being a public servant, and havPublic servant ing the custody of any State Prisoner or Prisoner of War, negligently suffers such prisoner to escape from any place of confinement, in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.

to

According to English law it would seem that the mere fact of an escape is prima facie evidence of negligence on the part of the keeper. For it is his duty to keep the prisoner safely. (Arch. 690.) But this may be negatived on the part of the defendant by showing force, or other circumstances which rebut the presumption. No presumption, however, can be raised from the mere fact of an escape that it was voluntarily permitted, or that it was knowingly aided or assisted, and express evidence must be brought to this effect if any conviction under ss. 128 or 130 is desired.

130.

Aiding escape of, rescuing or harbouring such prisoner.

Whoever knowingly aids or assists any State Prisoner or Prisoner of War in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner, who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation.-A State Prisoner or Prisoner of War who is permitted to be at large on his parole within certain limits in British India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

Charges under this Chapter except s. 127 are not to be entertained by any Court, unless ordered or authorized by Government or by some Officer empowered by the Governor-General in Council to order or authorize such prosecution, or unless instituted by the AdvocateGeneral. (Cr. P. C. s. 465.)

The following chapters of the same Code, namely, IV (General Exceptions), V (Of Abetment), and XXIII (Of Attempts to commit Offences shall apply to offences punishable under the said Sections 121A, 294A and 304A, and the said Chapters IV and V shall apply to offences punishable under the said Sections 124A and 225A. (Act XXVII of 1870, s. 13.)

No charge of an offence punishable under Sections 121A or 124A shall be entertained by any Court unless the prosecution be entertained by order of, or under authority from, the local Government. (Act XXVII of 1870, s. 14.)

CHAPTER VII.

OF OFFENCES RELATING TO THE ARMY AND NAVY.

ny or
ing to seduce a

sailor or soldier,

from his duty.

131. Whoever abets the committing of mutiny Abetting muti- by an officer, soldier, or sailor in the attempt Army or Navy of the Queen, or attempts to seduce any such officer, soldier, or sailor from his allegiance or his duty, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

6

Explanation.-In this section, the words 'officer' and soldier' include any person subject to the Articles of War for the better Government of Her Majesty's Army, or to the Articles of War contained in Act No. V of 1869. (Act XXVII of 1870. s. 6.)