All that is wicked nonsense. Standards in the East are the same as
they are elsewhere. The people dislike crime as much as we do. But
they think our laws and Courts are not calculated to reduce crime, and
they have good reason for so thinking. Moreover, they distinguish
between the sinner and his sin--we don't. There lies the difference.
Let us consider, therefore, the Courts and their relation to the people.
I confine myself to the province of Burma which I know best, but there
is little difference between it and other provinces in these matters.
The law is uniform, the procedure uniform, and what differences exist
are due to interference of the High Courts acting within the law. In
the Indian Penal Code are laid down definitions of the various
offences; what it is that constitutes theft, or robbery, or murder. It
was drawn out by skilled and able men from the experience of all
civilised nations. It is not, of course, perfect; no code could be
that or near it, but it is good. With most of it the people have no
quarrel. A theft is the same anywhere, and so is a murder. With one
point, however, they profoundly disagree, and that is the
classification of offences. Theft, no matter how trivial, is an
offence against the State, is not compoundable, and is cognisable by
the police; whereas an assault, no matter how severe, unless it causes
grievous hurt, is the opposite. It is a purely private matter, with
which the police have no business. If the sufferer wants to prosecute
he must do so himself; pay his own expenses and engage his own pleader,
or go without. This is a difference that offends his own instinct.
Just take two cases.
Public-domain text, read in full here on John Shaqi.
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