Report On The Administration Of Criminal Justice In The Punjab And Its Dependencies During The Year 1867

· 1868 · Public domain (published pre-1930) · archive.org ↗

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2trial for disobedience of orders, under Section 188 Indian Penal Code, a large

3proportion was prosecuted for neglecting to obey some order or injunction of

4the District Officer to remove a nuisance,

516. The Court has reason to believe that the provisions of this Section

6ection 189 Indian Pena! 1 the Indian Penal Code are often misapplicd, and the

7oe Judges have been obliged to reverse the orders in a largo

8number of cases, where persons had been punished under this Section of the

9Code, The Native Subordinate Magistrates are most liable to offend in this

10particular. As remarked by the Deputy Commissioner of Lahore— This is

11“a most useful Scotion of the Penal Oode when legitimately put in force, but

12« there is no Section more liable to be abused in practice and my suspicions

13* ore always aroused when I see it too frequently had recourse to.”

14ae OORT Ee 17. The largest number of prosecutions under this

15tion 186 tndian Penal Cod : :

16meee“ ®Bection of the Penal Code occurred in tho following

17districts :—

18Umritsur, a a eee 514

19Rohtuck, e abe woe , «= AB

20Scalkote, ““ enh ve 420

21Delhi, es ee ee 304

22Llissar, ... en ot ea +P 280

23Lahore, aoe a ons 182

24Shahpoor, er ee ee 170

25Kurnal, re ee “as 128

26Goorgaon, 7“ ees ove 115

27Jhelum, —e wa ace 115

28Umballa, a dee ik 114

2918. The Deputy Commissioner of Scalkote states that nearly all the

30Inepularity in punuimg 420 persons punished under Scction 188 were zemindars

31eee in Pergunnah Zufferwal who had wilfully and negligently

32ploughed up many of the village roads marked out at Settlement, and for

33Which allowance had been made in the asscssments. The Tehseeldars in the

34same district punished some offences of a similar hind, viz. obliterating village

35roads laid out at Settlement, under Section 290, for committing nuisance.

36Both these practices were irregular, and the Sections under which the punish-

37ments were inflicted were inapplicable, The Commissioner has issued proper