'File A/9 I Bahrain Order in Council' [‎104r] (226/536)

exerci ^aMe by the Secretary of State, or, with his previous or subsequent assent, by
the Governor -General of India in Council.
jSotwithstandinsr, in any case triable by a Subordinate Magistrate under
Chapters XVI to XXIII inclusive of the Indian Penal Code, if both the complainant
and defendant are Mahommedans and are acquiescent in such procedure, the Political
A^ent mav order the case to be tried by a Kazi, a representative from the Agency An office of the East India Company and, later, of the British Raj, headed by an agent.
attending "to record briefly the proceedings. In such suits the judgment passed by
the Kazi cannot be carried into effect until it is ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , and
the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. is empowered to revise the finding and sentence as if the Kazi
were a Subordinate Magistrate, or to return the case for re-trial to the same or
another Kazi. The sentence of the Kazi, when ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , shall
for all purposes be regarded as if it were the decision of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in the
District Court.
(2.) Any jurisdiction exercisable by the Chief Court in criminal matters under
this Order may be exercised by the Judge of that Court either within the limits of this
Order or elsewhere. , , r
15. In cases in which the Code of Criminal Procedure requires the sentence 01 a
Court of Session to be confirmed by the High Court, the sentence shall be referred
for confirmation to the Governor-General of India in Council instead of to the Chief
Court.
16. Where a person subject to this Order is accused of the commission of an
offence the cognizance whereof appertains to the Court, and it is expedient that the
offence be inquired of, tried, determined, and punished in a British possession, the
accused may (under the Poreign Jurisdiction Act, 1890, section 6) be sent for trial to
^^The Chief Court may, where it appears so expedient, by warrant under the hand
and seal of the Political Ilesident, cause the accused to be sent for trial to Bombay
accordingly. . J . • j- i. j ^
The warrant shall bo sufficient authority to any person to whom it is directed to
receive and detain the person therein named, and to carry him to and deliver him up
at Bomb a v according to the warrant. , • . i • -u i
Wliere any person is to be so sent to Bombay, the Court before which he is ehaigec
shall take the preliminary examination, and shall bind over such of the proper
witnesses as are British subjects in their own recognizances to appear and grve
evidence on the trial. , ^ , -i
Yi (X ) xhe Political Eesident may by General Order prescribe the manner m
which, and 'the places at which, sentences of imprisonment are to be carried into
execution within the limits of the Order. u i nnco n™
(2.) The Court mav, in any case by warrant sealed with its seal, cause an
offender convicted and sentenced to imprisonment before the Court to be removed to,
and imprisoned in, any place that shall be prescribed by the Lolitical President un ei
the authority provided for in subsection (1) of this Article. , . . 1
18 Where an offender convicted before any Court under this Order is sentence
to imnrisonment and the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. proceeding under section / ot the
Foreign Jurisdiction Act, 1S90, authority in that behalf _ being hereby pven to
him considers it expedient that the sentence should be carried into effect elsewhere
T V ' t i e ijVnits of this Order, and the offender is accordingly sent for
Si—tta^tce outside the limits of this ^er. the stoU ^
a -nlnpp in the Presidencv of Bombay, or a place m some othei pait oi liis
Majesty's dominions, the Government whereof consents that offenders may be sent
thither under this Article, or a place in which by a
other lawful means His Majesty has jurisdiction provided f ^ ^ ^-""Lg
British subject he shall only be sent under this Article to a pla„e m JVLaj . y
■dominions.
imuuons, ^ ^ of or culpable homicide, if either the death or the
imhial act whHi wholly or partly caused the death happened in bahian, ,
.. 0*1..- Cour nctin- under this Order shall have the like jurisdiction over any person
'o whom thfs Order applies who is charged either as a pmcmnl oftender or as an
^ abettor as it both such criminal act and the death had
lica Mot)« 6 (9\ Tn +hp oase of anv offence committed on the high seas oi witlnn T.ne
; Si* Admiralty jurisdiction by any person who at the time of
Court"'# , • J j ? iti h ship or by any British subject on board a foreign ship to wmcn
he dTd not belong, the Court stall, subject to the provisions ot this Order, have
^ [MS1