1 56 {Part IV.
2 APPENDIX AW—-THE SHAN STATES—continued.
3 a EE SS ES A TS
4 (?) The Southern Shan States and the Northern Shan States, reapectively, shall each be deemed
5 to be a district for the purposes of the said Act, and the Superintendent of the Shan
6 States and the Superintendent of the Norther» Shan States shall be deemed to have been
7 appointed by office to be Marriage Registrars for the Southern Shan States and the
8 orthern Shan States, respectively.
9 (8) The powers conferred and the duties imposed by section 45, section 46, section 48, and sec-
10 tion 49 of the said Act, on the District Judge, shall be exercised and discharged as re-
11 gards the Shan States by the Local Government of Burma.
12 (4) In section 72 of the said Act, the words “a competent Court” shall be deemed to include the
13 Local Government of Burma.
14 (See Burma Gazette 1890, Pt. I, p. 637.]
15 Notification modifying the Customary Law of certain of the Shan States as to Offences and
16 Punishments.
17 No. 11, dated the 19th November, 1890.—In exercise of the power conferred by section 4,
18 sub-section (1), clause (d), of the Shan States Act, 1888, the Chief Commissioner is pleased to direct XV of 1988,
19 that the customary law of all the Shan States which are under the charge of the Superintendent
20 of the Shan States and the Superintendent of the Northern Shan States sMall be modified to the
21 extent and in the manner indicated in the following rules: These rules do not apply to the Mye-
22 lat, in which the Indian Penal Code and the Code of Criminal Procedure are in force :— ahy of 1980.
23 (a) Rules regarding Offences and Punishments.
24 1. The punishments which may be inflicted are—
25 (i) death ; | (iii) whipping ;
26 (ii) imprisonment ; « (iv) fine;
27 ; (v) confiscation of property.
28 The punishment of death or confiscation of property shall be inflicted only on persons convicted
29 of rebellion against the British Government or against the Chief of the State, or of wilful murder.
30 2. When a person wilfully and minlioloudly Fille another, the crime # murder. Persons convicted
31 of murder shall be punisbed with death or with imprisonment for life or any shorter period, and
32 shall also be liable to fine.
33 When a person kills another without lawfal excuse, but on grave provocation, or intending to
34 cause him hurt, but without the intention of causing his death, the crime is not murder. Such
35 person shall be punished with imprisonment for any period, or with fine, or with both.
36 8. Attempt to commit murder shall be punished with imprisonment up to seven years, or with
37 fine, or with whipping.
38 Me Persons con vioted of dacoity or robbery, or of harbouring dacoits or robbers, shall be punished
39 with imprisonment up to seven years, or with fine, or with whipping, or with any two or more of
40 theac punishments, If murder is committed by robbers or dacoits in the commission of the robbery
41 or sented all the persons concerned in the robbery or dacoity shall be liable to be punished for
42 murder.
43 5. bianlot y causing hurt to any person shall be punished with fine which may extend to Ra. 200,
44 the amount of the fine to be regusted according to the nature of the hurt inflicted. The whole or
45 part of the fine imposed shall be paid to the injured person.
46 6, Rape shall be punished with imprisonment up to seven years, or with fine up to Rs. 300, or
47 with whipping, or with any two or more of these punishments.
48 7. Petty theft or receiving stolen property shall be punished with whipping, and with fine ap to
49 twice the value of the stolen property. Ifthe property is not recovered, the person whose property
50 was stolen shall reccive the whole or part of the fine as compensation.
51 8. Adultery shall be punished with fine up to Rs. 360. The fine shall be paid to the husband
52 of the woman with whom the adultery was committed.
53 9. Attempts to commit offences shall be punished with a penalty not exceeding half the penalty
54 for the offence. :
55 10. In all casen not provided for in these rules the customary law of the Shan States shall be
56 followed, provided that the punishment of death shall not be inflicted except for the offences speci-
57 fied in these rules.
58 (0) Rules of Procedure.
59 1. Criminal casq: shall be tried by the Chief of the State, or by such officers as he may appoint
60 {o try crimifal cases. The order of appointment shall be in the annexed form.