There was then a presumption either that the stolen bullock had been
taken to that village, or that some of the villagers had seen it pass.
The thief would probably have stopped there for food or rest, as it was
a long way on. But nowadays, in most of the country, village fields
are conterminous, with little or no jungle between; there are many
roads, and except where the tracks actually go into the village gate
the presumption does not arise. Cattle are common, and the villagers
are not expert trackers. Moreover, there is a very strong premium on
dishonesty, or at least carelessness in keeping to the right tracks.
Suppose the right track lost in a wet place, or a dry bare place, why
not pick up some other? Most cattle tracks are very similar. The
owner wants his compensation.
Yet the "energetic" officer will be expected to work this Act _à pied
de la lettre_.
I saw a good deal of the actual working of this Act at one time, when I
was a subordinate officer. Every time a beast was lost it had to be
tracked, and the village where the tracks were lost had to pay. It
made no difference if there was any reasonable presumption against the
village, there the law was. The tracks might be lost two miles from
the actual village, simply crossing its boundary; the law was there.
I remember one village had a bad time because it was near a frequented
road, and when the tracks got on this road they were always lost, as
the surface was hard. So the village had to pay. Yet what evidence
was there against the village? None. I had the curiosity for some
time, whenever a case wherein a village was fined was subsequently
detected, to find out what village had been fined, and see if that
village had been in any way cognisant of the theft. It never had. The
fine was purely gratuitous, was worse than useless, for it was wrong.
Yet it is a Government rule--not, I think, actually laid down, but
understood--that whenever an offence occurs, unless the culprit is
arrested a village must be held responsible.
I always disliked the Track Law and its subsidiary sections, not
because I have any objection to holding a village, in certain cases,
responsible for its members--I think it is a sound principle--but
because it always hit innocent people, as far as I could see. I used
it as little as I could, yet there were difficulties. I will mention a
case in point.
There was a broker who lived not in my district but near its boundary,
and one day he rode to a village in my district to collect some debts.
He didn't collect them, and left the village in a rage, saying he would
complain to the police-station six or seven miles away that he had been
cheated. It was about four o'clock in the afternoon when he left, and
he rode off across the plain in the direction of the police-station.
Public-domain text, read in full here on John Shaqi.
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