Vol. 12 · pages 456–460

435THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 367 Every judgement unless otherwise provided shall be written by the presiding officer of the Court or from his dictation. Shall contain (1) Point or points for determination (2) The decision thereon and (3) The reasons for the decision (4) Shall be dated and signed by the Presiding officer in open Court at the time of pronouncing it, and where it is not written by the Presiding officer with his own hand, every page of such judgement shall be signed by him. (5) It shall specify the offence (if any) of which, and the Section of the I. P. C. or other law under which the accused is convicted, and the punishment to which he is sentenced. (6) When the conviction is under the I. P. C. and it is doubtful under which of the two parts of the same section of that Code the offence falls, the Court shall directly express the same and pass judgement in the alternative. (7) If it be a judgement of acquittal it shall state the offence of which he is acquitted and direct that he be set at liberty. (8) If the accused is convicted of offence punishable with death, and the Court sentences him to any punishment other than death, the Court shall give reasons. Provided that in trials by jury, the Court need not write a judgement but the Court of Session shall record heads of charge. Section 368 When sentence of death—sentence shall direct that he be hanged by the neck till he is dead. Section 369 Alteration of judgement Save as otherwise provided by the Code or other law or in the case of the High Court, no Court, when it has signed its judgement, shall alter or review the same except to correct a clerical error. (Even the High Court has no power.)

436 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Section 370 Judgement by a Presidency Magistrate Instead of recording a judgement in the above, a Presidency Magistrate shall record the following particulars : (a) Serial number. (b) The date of the commission of offences. (c) Name of the complainant (if any). (d) Name of the accused and (except in the case of European British subject) his percentage and residence. (e) The offence complained of or proved. (f) Plea of the accused and his exam (if any). (g) Final order. (h) Date of such order. (i) In all cases, where the sentence is imprisonment or fine exceeding 200 or both, a brief statement of reasons for the conviction. Section 371 Copy of judgement to be given to accused without delay In cases other than summons cases it shall be given free of cost. In trials by jury, a copy of heads of charge by the jury shall be given to him. In sentence of death, shall inform the accused of the period of limit for appeal. Section 373 Court of Session to send copy of finding and sentence to the District Magistrate. Criminal proceedings other than trial of an offender I. Those dealing with keeping of peace and maintening good order. II. Those dealing with the enforcement of certain obligations. Family obligation and public nuisance. III. Those dealing with the maintenance of public peace. I. THOSE DEALING WITH THE P UBLIC A SSEMBLY—KEEPING OF PEACE AND MAINTAINING ORDER. It is better to prevent crime than only to punish it when it is committed.

437THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA This theory is not accepted universally. Attempt to prevent crime may involve undue interference in the liberty of the individual. English theory is inclined towards the view that the state should intervene only when the conduct of an individual amounts to a crime. E. g.—English law of sedition, assembly. On the other hand, the Indian Law takes a different view. E. g. Press Act, Public Meetings Act. That being so, the Criminal Procedure Code enacts certain Sections to enable the Criminal Courts to prevent the commission of offences. (Page left blank—ed.) **** Chapter VIII deals with offences against public tranquillity. (Page left blank—ed.) **** The Court Contemplates the following usage fit for such preventative or anticipatory action. 1. There are quarrelsome people in every country in the world, and there are some quarrels which may lead to violence and even to serious crime. 2. In the same way certain forms of propaganda, if carried on without any restraint, may induce ignorant persons to do harmful things, they may be circulating falsehoods, or even more deadly half-truths, cause ignorant persons to believe, to act upon the belief, that malicious designs are being entertained which in fact are not entertained by any one. 3. Again there are those who prefer a life of idleness, varied by occasional crime when detection seems unlikely, to one of honest work. There are also persons who live mainly on the proceeds of crime committed by themselves, or on a share of the proceeds of crime committed by others, whom they help to escape detection, or assist by setting up an organization which affords its supporters both opportunity to dispose of the proceeds of their dishonesty and a fair prospect of immunity from punishment.

438 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 4. Habitual Offenders. Section 183 9. Where an offence is committed while the offender is on a journey or voyage, the offence may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender or the person against, whom or passed in the course the thing in respect of which of that journey or voyage. the offence was commuted Section 184 10. All offences against the provisions of any law for the time being in force relating to Railways, Telegraphs, the Post office, or Arms and Ammunitions, may be inquired into and tried in a Presidency Town. Section 185 11. In cases of doubt, High Court to decide upon which Subordinate Court is to have jurisdiction. Where two or more subordinate Courts, not subordinate to the same High Court, the High Court within whose appellate Cr. Jurisdiction the proceedings were first commenced, may decide and give directions. Section 186 12. When a Presidency Magistrate, District Magistrate or Sub-Div. Magistrate or a Magistrate of the 1st Class especially empowered by Local Government sees reason to believe that any person within the local limits of his jurisdiction has committed an offence without such local limits (within or without British India) an offence which cannot be inquired into or tried within such local limits, but which by some law for the time being in force, be inquired into or tried in British India. Such Magistrate may inquire into the offence and compel such persons to appear and send him to a Magistrate having jurisdiction.

439THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Offences committed outside British India So far we have dealt with offences committed within the limits of British India. Suppose now that although the offender is within British India but the offence is committed outside British India, how is the situation to be dealt with? It may be dealt with in two ways— I. The offender may be sent up for trial in the country where the offence was committed. II. The offender may be tried in British India. The first is known as dealing in extradition. The second may be called dealing in ex-territorial jurisdiction. I. Extradition out side India may be to any— (a) Native State (b) Foreign State (c) His Majesty’s Dominions. (a) Native State Extradition to a Native State is governed by the Indian Extradition Act of 1903. * *** Having regard to the Statutes of Parliament and the Acts of the Indian Legislature I make the following geographical divisions of this globe for the purpose of jurisdiction of the secular Courts : (1) Territorial divisions of land and foreign country governed by the Cr. P. C. and other enactments of the Indian Imperial Legislature. (2) Territorial waters governed by Statutes 41 and 42 Vic. C. 73. (3) High seas governed by statutes 12 and 13 Vic. C. 96 (admiralty offence (colonial) 23 and 24 Vic. C. 88 and 37 and 38 Vic. C. 2. It would thus be seen that the offences on high seas are governed only by the Statutes of Parliament 12 and 13 Vic. confer on colonial courts to try all offences which could have been tried by the admiral. Section 1 of statute 23 and 24 Vic. C. 88 makes statute 12 and 13 Vic. C. 96 applicable to India and Statute 37 and 38 Vic. C. 27 makes the offence punishable according to Indian Law. 19 Bom. L. R. 527