Vol. 12 · pages 461–465

440 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES India. Defined in Section 3 (27) of the General Clauses Act X of 1897. “India shall mean British India together with any territories of any native Prince or Chief under the Suzerainty of H. Majesty exercised through the G. G. of India or other officer subordinate to the G. G. of India.” British India. Defined in Section 3 (7) of the General clauses Act X of 1897 “Shall mean all territories and places within H. M’s dominions which are for the time being governed by H. M. through the G. G. of India or through any Governor or other officer subordinate to the G. G. of India.” British India = B. I. + 3 miles 8 Bom. H.C.R. Cr. C 63. **** Who are liable to be tried for offences under the Penal Code ? Section 3 I. P. C. Any person liable by any law passed by the Governor-General of India in Council to be tried for an offence committed beyond the limits of the said territories, shall be dealt with according to the provisions of this Code for any act committed beyond the said territories in the same manner, as if such act had been committed within the said territories. Section 4 I.P.C. The provisions of this Code apply also to any offence committed by— (1) Any native Indian subject of H.M. in any place without and beyond British India. (2) Any other British subject within the territories of any Native Prince or Chief in India. (3) Any servant of the Queen whether a British subject or not within the territories of any Native Prince or Chief in India. Explanation. In this section the word offence includes every act committed outside British India which, if committed in British India, would be punishable under this Code. Section 7(1) of the Act Under this section the Political Agent for such a State may demand by a warrant addressed to the D. M. or the Chief Presidency Magistrate the surrender of an offender. Provided that offender is not a European British subject and the offence is such as is described in the 1st schedule of the Indian Extradition Act.

441THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 10 Magistrates in British India may, of their own motion and without requisition, issue warrant of arrest on satisfactory information, or complaint, and surrender the offender to the State within whose jurisdiction he has committed the offence. N. B.—This Act is subject to treaty rights and the special provisions for extradition conserved by them. Extradition is governed by the Extradition Act (b) Foreign State.—The scene of offence. In the case of a Foreign State to which English Extradition applies, the offender may be surrendered on requisition to such foreign State. Provided : (i) The Government of India or the Local Government thinks fit, (ii) If the offence is one mentioned in the 1st Schedule of the Indian Extradition Act, and (iii) If the offence is not of a political nature. (c) Dominions. The scene of offence. Extradition is governed partly (i) by the Fugitive Offender’s Act, 1881 (Parliamentary Statute) and partly. (ii) by the Indian Extradition Act. All criminal jurisdiction is local: the jurisdiction of the crime belongs to the country where the crime is committed. L.R. (1891) A. C. 458. Crime is purely local i. e. depends on the law of the place in which it is committed, and not on nationality of the person who commits it. L.R. (1894) A.C.670. British Indian Courts have no jurisdiction to try a foreigner for offences committed and completed outside British territory. No foreign subject can be tried in British India for an offence committed outside British India. 28 All 372 :2 Bombay. L. R. 337. Where a subject of the Native State committed theft in that State, and was subsequently found in British India in possession of the stolen property, the British Indian Court had no jurisdiction to try him for the offence of theft. It had however jurisdiction to try him for retaining stolen property. 10 Bombay 186.

442 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Found = does not mean where a person is discovered, but where he is actually present, whether he comes of his own accord or is brought under arrest. 6 Bombay 622. A trial under this section will not be vitiated by reason of the fact that the accused has been brought into British India from a foreign territory under an illegal arrest. 13 Bombay L. R. 296. Section 106 and 107 deal with dangerous quarrels. Section 106 deal with the following cases : Any person accused of any offence punishable under Chapter VIII of the Indian Penal Code, other than offences punishable under Sections 143, 149, 153-A and 154, or of assault, or, other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation is convicted and such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace, such Court may, at the time of passing sentence on him, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix. 2. If conviction is set aside on appeal or otherwise, the bond so executed shall become void. 3. High Court in revision may demand security. NOTES.—Involving breach of the peace. Two interpretations 1. These words refer to offences in which a breach of the peace is an essential ingredient and not to offences which merely provoke or are likely to lead to a breach of the peace. 30 Cal. 366. 47 Mad. 846 (848) 2. These words include offences where a breach of peace is likely to occur. This is the view of the Bombay and the Allahabad High Courts. So that a bond in cases involving Section 504 I. P. C. (insult with intent to provoke a breach of the peace) as well as Section 448 I. P. C. (removal of a land mark) is good.

443THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 107 Whenever a Criminal Court is informed that any person who is likely to commit a breach of the peace or disturb public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb public tranquillity, the Magistrate, if in his opinion there is sufficient ground for proceeding, may require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix. NOTES 1. Is informed. The information must be reliable. A statement by a private person not upon oath or solemn affirmation is not credible information upon which alone a Magistrate can issue a summons under the section. The information must be of a clear and definite kind, directly affecting the person against whom process is issued, and should disclose tangible facts and details so that it may afford notice to such person of what he is to come forward to meet. 6 All. 26. 2. The act likely to cause a breach of the peace must be an impending one and not likely to happen at some future time ; it must be shown to be in contemplation at the time of the information given. 3. The act resulting in a breach of the peace must be wrongful. Acts which amount to an exercise of lawful rights are not to be treated as wrongful acts necessitating an order under this Section. An act which is lawful does not become unlawful because some persons oppose it. Wrongful act means an act forbidden or declared to be penal or wrongful by the Criminal law, and not a mere improper act. e. g. killing a cow. singing of ballads in open streets. saying Amin in a loud voice in prayers in a mosque.

444 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Section 108 deals with dangerous propaganda. It deals with any person who, within or without such limits, either orally or in wrting or in any other manner, intentionally disseminates or attempts to disseminate, or in any wise abets the dissemination of,— (a) Any seditious matter, i.e. any matter the publication of which is punishable under Section 174-A of the I. P. C. (b) Any matter the publication of which is punishable under Section 153-A of the I.P.C., or (c) Any matter concerning a judge which amounts to criminal intimidation or defamation under the Indian Penal Code. Such Magistrate, if, in his opinion there is sufficient ground for proceedings, may require such person to show cause why he should not be ordered to execute a bond, with or without sureties for such period not exceeding one year as the Magistrate may think fit to fix. NOTES.— 1. In any manner e. g. by gramophone records. 2. Intentionally would exclude innocent agents and ignorant tools e. g. newspaper boys and others merely handling. 3. Not writing but dissemination is necessary. When the matter is disseminated through a newspaper the Editor, proprietor, printer, or publisher shall not be proceeded against except by order of the Local Government. Sections 109 and 110 deal with dangerous characters. Section 109 deals with the following persons :— (a) Person taking precautions to conceal his presence within the local limits of such Magistrate’s jurisdiction and that there is reason to believe that such person is taking such precautions with a view to committing any offence. (b) Person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself.