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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎43r] (91/476)

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The record is made up of 1 file (189 folios). It was created in 27 Feb 1948-2 Jan 1950. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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Part IV.— Criminal Matters
18.—(1) Subject to the other provisions of this Order the Code of Criminal
Procedure and the other Indian enactments relating to the administration
of criminal justice made applicable to all persons subject to this Order shall
apply to, and have effect in, Muscat as if it were a district in the province
of Bombay. The powers of the Central Government and of the Provincial
Government under those enactments shall be exercisable by the Secretary
of State. J
Notwithstanding anything in the previous provisions of this paragraph,
or in the enactments therein referred to, in any case involving an offence
punishable under Chapters XVI to XXIII inclusive of the Indian Penal
Code which under the second schedule of the Indian Code of Criminal
Procedure is triable by a magistrate of the second or third class, the Political
Agent may, if both the complainant and the defendant are Muhammadans
and are acquiescent in such procedure, order the case to be tried by a
Qazi, a representative from 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. attending to record briefly
the proceedings. In such cases the judgment passed by the Qazi shall not
be carried into effect until it is ratified by the Court 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. ,
and the Court 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. shall have power to revise the finding
and sentence as if the Qazi were a subordinate Magistrate, or to return
the case for retrial to the same or another Qazi. The sentence of the Qazi,
when ratified by the Court 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. , shall for all purposes be
regarded as if it were the decision of the Court 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. .
(2) Any jurisdiction exercisable by the Chief Court in criminal matters
under this Order may be exercisable by that Court either within the limits of
this Order or elsewhere, within the limits of the Bahrein, Kuwait, Qatar and
Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. Orders.
(3) No criminal proceeding shall be entertained by the Court against
Muscat subjects and foreigners in the regular service 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.
Such Muscat subjects and foreigners shall not be deemed to be persons
subject to this Order for the purpose of any criminal proceeding or matter.
19 In cases in which the Code of Criminal Procedure requires the sentence
of a Court of Session to be confirmed by the High Court, the sentence shall
be referred for confirmation to the Secretary of State instead of to the Chief
20.-(l) Where a person subject to the Order is accused of the commission
of an offence cognisable by the Court 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. the Chief
Z h v* e a P pe ^ rs 80 expedient, by warrant under the hand and
seal of 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. , cause the accused to be sent for trial bv
a Court 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. established by Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Qatar
Bahrein, Kuwait, or the Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. . uaiar,
(2) The warrant shall be sufficient authority to any person to whom it is
directed to receive and retain the person therein named and to carry him to
to^het^anr ^ ^ Qatar ’ Bahrein ’ KUWait ’ ° r the Trudal States accordi "g
(3) Where any person is to be sent to Qatar, Bahrein, Kuwait, or the
Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. , the Court before which he is charged shall take the preliminary
examination and shall bind over such of the proper witnesses as are British
subjects in their own recognisances to appear and give evidence on the trial.
c ^ h ; re a . P erson subject to the Bahrein, Kuwait, Qatar and Trucial
States Orders is accused of an offence committed within the limits of the
aforesaid Orders and has by warrant under seal of 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. been
A 4
3937

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Content

Correspondence relating to the revision of the five Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. : Muscat, Bahrain, Kuwait, Qatar, and The Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. . The revision was a result of Indian Independence and the transfer of power in the Gulf from the Government of India to HM Government of the United Kingdom. The papers consist of interdepartmental discussion over the amendments to the five orders in council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , principally between officials at the Commonwealth Relations Office, Foreign Office, Colonial Office, and the Political Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . Copies of the finalised orders are contained in the file, as follows:

Also included in the file is a letter, dated 15 December 1948, from Edward Evans & Co., Consulting Engineers and Chartered Patent Agents, enquiring about patent in protection in Bahrain (folio 84).

Folios 2-10 are internal office notes.

Extent and format
1 file (189 folios)
Arrangement

The file is arranged in chronological order from the back to the front.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 191; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

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English in Latin script
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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎43r] (91/476), British Library: India Office Records and Private Papers, IOR/L/PS/12/3341, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066212463.0x00005c> [accessed 29 March 2024]

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