Vol. 12 · pages 421–425

THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA PRELIMINARY Wrong and the Remedy for it 1.* One of the clauses in the constitution of the U. S. A. runs thus : “No citizen shall be deprived of his life, liberty and property without due process of law”. Such a clause is not found in the constitution of other states. All the same every civilized State seeks to protect the life, liberty and property of its citizen from unwarranted attacks. Such a guarantee is the foundation of the state. With this object in view every state has a code of laws which defines what are wrongs. In India we have the Penal Code and the law of Torts. 2. Wrongs are either civil or criminal. Some wrongs are both civil as well as criminal; Assault, Defamation : they are both civil as well as criminal wrongs. The aggrieved party can proceed both in a criminal court and also in a civil court. 3. Remedy. It would be of no avail whatsoever merely to enact wrongs if for every wrong an appropriate remedy is not provided. On the other hand, it may be said, that the law recognizes a wrong only when it provides a remedy for its vindication. When there is no remedy provided for the commission of a wrong, the enactment of a wrong would be an idle work. Liberty of a person and the writ of Haheus Corpus. 4. The Criminal Procedure Code is a remedial law. It provides a remedy to the aggrieved patty against the offender for the vindication of the criminal wrong done to him. It is a * Paragraph numbers are retained as of original— ed.

402 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES popular notion that the law allows ten guilty persons to escape rather than punish an innocent individual. This is absolutely incorrect. All that the law says is that no man shall be tried except in accordance with the procedure laid down by law. 5. The Criminal Procedure lays down : (1) The Constitution of the Criminal Courts. (2) The means and methods by which the accused may be brought before a Criminal Court for his trial. (3) The rules as to trial of an accused. (4) The rules as to punishment, and (5) The rules as to rectification of an error in the trial, conviction or punishment of an accused. **** I. CONSTITUTION OF CRIMINAL COURTS 7. For a proper understanding of this subject a distinction must be drawn between the Presidency Towns system and the Provincial system. Such distinction is often made in India in respect of other laws as well: e.g. Insolvency— 1. Presidency Towns Insolvency Act. 2. Provincial Insolvency Act. Small Causes— 1. Presidency Towns Small Causes Courts Act. 2. Provincial Small Causes Courts Act. A. Provincial System 1. Sessions Courts Section 7(1) 8. 1. Every Province shall be a Sessions Division or shall be divided into more than one Sessions Division. Every Sessions Division shall be coterminus with a district or more than one district. Section 9 (3) 3. For any Sessions Division there may be Additional Session Judges and Assistant Judges to exercise jurisdiction in one or more of Sessions Courts. * Para 6 is missing in the MS.—ed.

403THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 9 (2) 4. The Court of Session shall hold its sitting at such place or places as may be notified by the L, G.* in the Official Gazatte. Section 9 (4) 5. A Sessions Judge of one division may also be appointed as an Additional Sessions Judge of another division in which case he may sit in either division to dispose of cases. 2. Magistrates Courts 9. (1) District Magistrate. Section 10 (1) In every district there shall be magistrate of the first class who shall be called the District Magistrate. (2) Any magistrate of the first class may be appointed to act as an Additional District Magistrate. (2) Sub-Divisional Magistrate. Section 8 (1) 10. A District may be sub-divided into a sub-division. Section 13 (1) and (2) A Magistrate of the 1st or 2nd Class may be placed in charge of a sub-division and shall be called a Sub-Divisional Magistrate. (3) Subordinate Magistrates. Section 12 (I) 11. In every District there may be appointed besides the District Magistrate, as many persons as may be necessary to be Magistrates of the first, second or third class. They will exercise jurisdiction in such local areas as may be defined in the case of each. Section 12 (2) If no such area is fixed, their jurisdiction and power shall extend throughout such District. * Local Government—ed.

404 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 3. District Magistrate and 1st Class Magistrate The Code does not recognize any particular Court as that of the District Magistrate, but only Courts of 1st, 2nd and 3rd Class Magistrate. Where a trial was commenced by an officiating District Magistrate and before its close he reverted to his original position as 1st Class Magistrate in which capacity he had jurisdiction over the offence, it was held : he had jurisdiction to continue the trial. Emp. v/s Sayed Sajjad Husain 3 A.L.J. 825 11. As regards original jurisdiction, whatever the District Magistrate might do with regard to offences committed outside the division, the Sub-Divisional Magistrate is competent to try within his local jurisdiction. 4 A. 366. 4. Special Magistrate Section 14(1) 12. (1) In any local area persons may be vested with the powers of the Magistrate of the 1st, 2nd or 3rd class in respect of particular cases or classes of cases or in regard to cases generally. (2) To be called a Special Magistrate and to be prescribed for a term. (3) Such a person may be an officer under its control. (4) If he is a police officer, he shall not be below the grade of Assistant District Superintendent and he shall not have any power beyond what is necessary for : (i) preserving the peace (ii) preventing crime (iii) detecting, apprehending and detaining offenders in order to their being brought before a Magistrate (iv) the performance by him of other duties imposed upon him by any law for the time being in force. 5. Bench Magistrates Section 15 (1) 13. Any two or more Magistrates may sit together as a Bench and may hear such cases or such classes of cases only and within such local limits as may be prescribed in that behalf.