India -- History -- British occupation, 1765-1947; India -- Politics and government -- 1765-1947
We may say at once that we do not expect very much from punitive
measures.[1] The conviction of offenders will never check such a
movement as that which grew up in Bengal unless all the leaders
can be convicted at the outset. Further, the real difficulties
have been the scarcity of evidence due to various causes and the
want of reliance whether justified or not, on such evidence as
there has been. The last difficulty is fundamental and cannot be
remedied. No law can direct a court to be convinced when it is
not.
Punitive Measures (Permanent).
Legislation directed better to secure the punishment of seditious
crime may take the shape either--
(_a_) of changes in the general law of evidence or procedure which
if sound would be advisable in regard to all crime, or
(_b_) changes in the substantive law of sedition or modifications
in the rules of evidence and procedure in such cases designed to
deal with the special features of that class of offence.
The recommendation under (_a_) does not amount to much and we will not
mention it.
Under (_b_) they recommend:
In the first place we think that a permanent enactment on the
lines of Rule 25A under the Defence of India Act is required. That
rule provides for the punishment of persons having prohibited
documents (which may have to be defined anew) in their possession
or control with (as we read the effect of the words used) intent
to publish or circulate them....
We also recommend that the principle of section 565 of the Code of
Criminal Procedure (which provides for an order requiring
notification of residence after release in the case of persons
convicted a second time for certain offences) should be extended
to all persons convicted of offences under Chapter VI of the Penal
Code (offences against the State) whether previously convicted or
not. Such persons might be ordered to give security for a period
not exceeding two years for good behaviour so far as offences
under Chapter VI are concerned, and in default be directed to
notify their residence to Government, who should have power to
restrict their movements for the period of two years after their
release and prohibit them from addressing public meetings,--the
term "public meetings" including in its scope political subjects
as in section 4 of the Prevention of Seditious Meetings Act of
1907.
Lastly, we think that in all cases where there is a question of
seditious intent, evidence of previous conviction for seditious
crime or association (of an incriminating kind, of course) with
persons so convicted should be admissible upon written notice to
the accused with such particulars and at such a time before the
evidence is given as might be fair. What we have called seditious
crime would of course have to be accurately defined.
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