'Here a crime is committed by the prisoner on board an English ship on the high seas, which would have been murder if the killing had been by an Englishman in an English country; and we are of opinion that under those circumstances, whether the capture at Hamburgh, and the subsequent detention were lawful or unlawful, the prisoner was guilty of murder, and of an offence against the laws of England; for he was in an English ship, part of the territory of England, entitled to the protection of the English law, and he owed obedience to that law; and he committed the crime of murder-that is to say, he shot the officer, not with the view of obtaining his liberation, but from revenge and malice prepense.' (D. & B. 547.)

The mere fact that the ship has a certificate of registry as a British ship is prima facie evidence that she is such. But the presumption may be rebutted, as for instance, by showing that her owner was an alien. (Reg. v. Bjornson; 34 LJ. MC. 180.) On the other hand, a ship may be shown by evidence to be a British ship, though she is not registered as such. (Reg. v. Sven Seborg. 1 LR. CC. 261.)

3. All cases of piracy, by whomsoever and wherever committed, are within Admiralty jurisdiction, for pirates are common enemies, and may be tried whenever they are found. (1 Phill. Int. L. 379.)

66

'Piracy, is an assault upon vessels navigated on the high seas, committed animo furandi, whether the robbery or depredation be effected or not, and whether or not it be accompanied by murder or personal violence." Ibid.

And where the ships were not seized upon the high seas, but were carried away and navigated by the very persons who originally seized them, Dr. Lushington laid it down, that the possession at sea was a piratical possession, and the carrying away the ships on the high seas were piratical acts. (Case of the Magellan Pirates. I Phill. Int. L. 391.) So also it is piracy, where persons who have lawfully entered a ship as passengers, crew or otherwise, afterwards feloniously carry and sail away with the ship itself, or take away any merchandise, or goods, tackle, apparel or furniture out of it, thereby putting the Master of such ship and his company in fear. (Per Sir Leoline Jenkins, 1 Phill. Int. L. 384.)

It will be seen that the Acts and Statutes just referred to govern two distinct cases; first, crimes committed on land, out of British territories; secondly, crimes committed on the seas all over the world. But there is a third case which may arise; viz., where a crime is committed inland within the British territories, but in a place where no Court has jurisdiction. In one case, some Burmese, Native subjects of the Crown, were indicted before the Supreme Court of Calcutta for a murder committed on some uninhabited islands in the Bay of Bengal. The Supreme Court had no jurisdiction over the prisoners as Burmese, nor over the place where the crime was committed, which was beyond the limits of the Charter. The indictment was framed under 9 Geo. IV. c. 74, s. 56, which provides that, where a person has been wounded within the limits of the Charter, and has died without those limits, or vice versa.

"Every offence committed in respect of such case, may be dealt with by any of Her Majesty's Courts of Justice within the British territories under the Government of the East India Company, in the same manner in all respects as if such offence had been wholly committed within the jurisdiction of the Court, within the jurisdiction of which such offender shall be apprehended or be in custody."

After conviction, it was held by the Privy Council that the prisoners

must be released, since the Supreme Court had no jurisdiction either over the place where, or over the persons by whom the crime was perpetrated. The object of the Statute was held to be

Only to apply the law which had been lately enacted in England, as to an offence partly committed in one part and partly completed in another, to the East Indies, and not to make a new enactment rendering persons liable for a complete offence, who would not have been liable before." (Nga Hoong v. the Queen, 7 Moo. 1. A. 72, 103.)

A fortiori:-There is no jurisdiction, where the blow is inflicted by one foreigner upon another foreigner on board a foreign vessel on the high seas, though the death occurs, and the prisoner is in custody within the jurisdiction. (Reg. v. Lewis, 26 LJ. MC. 104. D. & B. 182.)

And I do not conceive that 12 and 13 Vict. c. 96 (ante p. 9) makes any difference. As I understand that Statute, it confers upon inland Courts in the Colonies and India, the jurisdiction possessed by the Admiralty Court. But it does not confer upon them a jurisdiction neither possessed by the Admiralty nor by any other Court in England. (See Reg. v. Bjornsen, 34 LJ. MC. 180.)

For an elaborato discussion as to the powers of the Indian Legislature to give jurisdiction to its Courts over offences committed out of India, See Reg. v. Elmstone, 7 Bom. CC. 100 and 110.

Certain laws not to be affected by this Act.

5. Nothing in this Act is intended to repeal, vary, suspend, or affect any of the provisions of the Statute 3 and 4 William IV, Chapter 85, or of any Act of Parliament passed after that Statute in any wise affecting the East India Company, or the said Territories, or the Inhabitants thereof, or any of the provisions of any Act for punishing mutiny and desertion of Officers and Soldiers in the service of Her Majesty or of the East India Company, or of any Act for the Government of the Indian Navy, or of any special or local law.

For list of Special and Local Laws see Addenda.

The words "special" and "local law" are defined by ss. 41, 42 of Chap. II.

Although an offence is expressly made punishable by a special or local law, it will be also punishable under the Penal Code, if the facts come within the definitions of the Code. Accordingly the High Court of Madras held that a prisoner might be punished under s. 465, for making a false declaration under s. 5 of Act X of 1841, though a specified penalty is provided by s. 23 of that Act. (Rulings of 1865 on Section 5.) The Court of Session has jurisdiction to hear appeals on sentences passed by a Magistrate under such special and local laws. (Rulings of Mad. H. C. 1865 on s. 409 of Cr. P. C.); and conversely, it is no reason for quashing a conviction under a special law, for instance under s. 29 of Act V of 1861, that the facts would constitute an offence punishable under the Penal Code. (4 RC. CR. 17.)

CHAPTER II.

GENERAL EXPLANATIONS.

Definitions in the Code to be understood subject to exceptions.

6. Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions," though those exceptions are not repeated in such definition, penal provision, or illustration.

Illustrations.

(a) The Sections in this Code, which contain definitions of offence, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.

(b) A, a Police Officer without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it."

7. Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.

Expression once explained is used in the same sense throughout Code.

the

8. The pronoun "he" and its derivatives are used of any person, whether male or female.

Gender.

Number.

9. Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

10. The word "man denotes a male human

"Man."
"Woman."

being of any age: the word "woman denotes a female human being of any

age.

11. The word "person" includes any Company or Association or body of persons,

"Person."

whether incorporated or not.

12. The word "public" includes any class of the public or any community.

"Public."

13. The word "Queen" denotes the sovereign for the time being of the United Kingdom of Great Britain and Ireland.

"Queen."

14. The

"Servant of the

Queen."

words "servant of the Queen" denote all officers or servants continued, appointed or employed in India by or under the authority of the said Statute 21 and 22 Victoria, Chapter 106, entitled " An Act for the better Government of India," or by or under the authority of the Government of India or any Government.

See as to "Government" post, s. 17.

15.

The words" British India" denote the Territories which are or may become vested

"British India." in Her Majesty by the said Statute 21 and 22 Victoria, Chapter 106, entitled "An Act for the better Government of India," except the settlement of Prince of Wales' Island, Singapore, and Malacca.

"Government of

India."

16. The words "Government of India" denote the Governor-General of India in Council, or, during the absence of the Governor-General of India from his Council, the President in Council, or the GovernorGeneral of India alone as regards the powers which may be lawfully exercised by them or him respectively.

17. The word "Government" denotes the person or persons authorized by law to administer Executive Government

"Government."

in any part of British India.

18. The word "Presidency" denotes the Territories subject to the Government of a Presidency.

"Presidency."

"Judge."

19. The word "Judge " denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judg ment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one ofdy of persons, which body of persons is empowered by law to give such a judgment.

Illustrations.

(a.) A Collector exercising jurisdiction in a suit under Act X of 1859, is a Judge.

(b.) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

(c.) A Member of a Punchayet which has power, under Regulation VII of 1816 of the Madras Code, to try and determine suits, is a Judge.

(d.) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.

Judges and public Servants not removeable from office without the sanction of Government, can only be prosecuted for offences under the Penal Code, committed by them in their official capacity, by permission of the Government, or of some officer, or superior authority empowered to grant such permission. (Cr. P. C. s. 466.)

20. The words "Court of Justice" denote a

"Court of Jus

tice."

Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

C