Penal Code, Indian : (1) Buckland: Peacock, Sir Barnes (1810-90): practised as a special pleader: called to the bar at the Inner Temple 1836: Q.C. & Bencher of this Inn 1850: Legal Member of the Supreme Council April 1852 to June 1859: in charge of the Indian Penal Code when it became law: Chief Justice of the Supreme Court of Calcutta 1859-62 & of the High Court 1862-70: Member of the Judicial Committee of the Privy Council 1872. Prinsep, Justice (q.v.) …made Registrar of the Sadr Court in Jan. 1862 & of the High Court on its establishment in July 1 of the same year…presided over the Jury Commission 1893-4: joined the Gov.-Gen.’s Legislative Council to assist in revising the Codes of Criminal & Civil Procedure: knighted 1894, made Knight Commander of Indian Empire on retirement in 1904. For 26 years he was District Grand Master of the Freemasons in Bengal. [Buckland] (2) Bhattacharya: The Indian Penal Code was the fruit of the labours of the Law Commission appointed during the Gov.-Gen.-ship of Lord William Bentinck (q.v.)…. The Indian Law Commission was appointed in 1833 with Lord Macaulay as the President. It laboured (sic) for many years & on the basis of its work the Indian Penal Code was enacted in 1860 & the Codes of Civil & Criminal Procedure in 1861. Thus Brit India came to possess uniform codes of law. [S. Bhattacharya] (3) Sri Aurobindo: It is perfectly true that one of the main preoccupations of the executive mind has been the maintenance of order & quiet in the country, because a certain kind of tranquillity was essential to the preservation of an alien bureaucratic control. This was the secret of the barbarous system of punishments which make the Indian Penal Code a triumph of civilised savagery; of the license & the blind support allowed by the Magistracy to a phenomenally corrupt & oppressive Police; of the doctrine of no conviction no promotion, which is the gospel of the Anglo-Indian executive, holding it better that a hundred innocent should suffer than one crime be recorded as unpunished. This was the reason of the severity with which turbulent offences have always been repressed, of the iniquitous & oppressive system of punitive Police & of the undeclared but well-understood Police rule that any villager of strong physique, skill with weapons & active habits should be entered in the list of bad characters. By a rigid application of these principles the bureaucracy have succeeded in creating the kind of tranquillity they require. The Romans created a desert & called the result peace Pax Romana; the British in India have destroyed the spirit & manhood of the people & call the result law & order. [SABCL Vol.1:215; for IPC & CCCP in action see Golāb Bāno Case & Rand]
... Newmaniac's complaint. We learn by telegram from Simla that the Legal Member has drawn up for the Viceroy's approval the following notes for a Draft Bill to amend the Indian Penal Code. Note for additional sections (draft) to the Indian Penal Code. 1) Whoever, being a native-born subject of His Majesty the King-Emperor, shall be observed to separate or suspected of Page 561 separating his... word "European" in this and the following sections shall be understood as including Australians and Americans as well as natives of India of a white complexion and European descent and Imperial Anglo-Indians, but it shall not be held to cover the Nawab of Dacca. Provided that nothing in this section shall debar the Governor-General in Council from extending the section to the Nawab of Dacca by a special ...
... only a local symptom. In dealing with the general disease, the Government policy is mere confusion. We may take its treatment of sedition as an instance. The clause dealing with sedition in the Penal Code is a monument of legal ferocity, but at present of futile ferocity. The offence is that of exciting contempt and hatred against the Government. The Government means the bureaucracy collectively and... rigorous imprisonment, the major, to the utmost penalty short of the gallows,—are of a Russian ferocity. Yet this terrible sword is hung in vain over the head of the Indian journalist; for, mere imprisonment has no longer any terrors for Indian patriotism and really crushing penalties can only be imposed at the risk of driving the people to secret conspiracy and nihilistic forms of protest. The lower grades... prosecuting the Punjabee and the ridiculous and unenviable position in which the practical collapse of that prosecution has landed them. The absolute lack of courage, insight and statesmanship in the Indian Government has been always a subject of wonder to us. The English are an exceedingly able and practical nation, well versed in the art of keeping down subject races at the least expense and with the ...
... We do not doubt that his brother rulers in the Punjab will emulate so good an example." Some of us were at a loss to understand the cause of the Daily News 's jubilation. Section 124A of the Indian Penal Code runs as follows:—"Whoever by words either spoken or written, or by signs, or by visible representation, or otherwise brings or attempts to bring into hatred or contempt, or excites or attempts... emphatic and unequivocal and we can only extend to him our heart-felt sympathy. But we cannot hold these Indian princes responsible for all they do or say. Their so-called independence is nothing more than a mere name. Though Lord Curzon called them his "colleagues and partners in the task of Indian administration" the truth was better expressed by Lord Dufferin who characterised the independence enjoyed... have greater advantages in the States than in their own territory, for they can make the measures more thoroughgoing and rigorous than in British India and they can at the same time, through the Anglo-Indian Press, point to this rigour as a proof of the superior liberalism of British bureaucracy as compared with a native rule. This is indeed killing two birds with one stone. Page 475 ...
... Bomb Outrage Case. Every nook and corner of his house was ransacked but nothing was taken away except some private letters. Prasanna Babu’s son, Sudhir Kumar, was arrested under Section 121, Indian Penal Code. He was all cheerful and found to be freely talking with the Police officers without the least indication of nervousness. His father was a little overpowered, but he consoled him. The search lasted... Calcutta. I am further convinced that Sudhir was a frequenter of the garden, and the conclusion to which I come is that he is proved to have been guilty of an offence under Section 121A of the Indian Penal Code. Mr. Norton, continuing his address on behalf of the Crown, said that at the last sitting of the Court he was dealing with the case of Sudhir Kumar Sircar and was discussing the post-cards.... been proved to be up to the very hilt in this conspiracy. Alipore Jail — Judgement Sudhir Kumar Sarkar has been found guilty by the Sessions Judge under section 121, 121-A and 122 of the Indian Penal Code, and sentenced to transportation for life. He was arrested in his father’s House at Khulna on the 10th May and he was brought down to Calcutta and placed before Mr. Birley on the 11th when he ...
... prevarications. The Member said that this was the fourth time he had put the question and all the information he had been able to get was that the warrant had been issued under Section 124a of the Indian Penal Code. MacDonald expressed his concern about the type of the official mind that was dealing with the exceedingly delicate situation in India: "I feel perfectly certain that unless the India Office... member for Methyr Tydvil, supported MacDonald. "Everything that tells against the Indian people" he observed, "is blazed forth, and matters which might tell in their favour do not receive anything like the same publicity." J. Ramsay MacDonald disclosed that "I have myself received, in the ordinary course of my Indian post, during at least the last three weeks, newspapers, each one of which stated ...
... learned Magistrate, the article in question is not seditious, though it may or may not be "a crude product"; the other articles are not seditious though they may come under some other section of the Penal Code than 124A, and in any case they are not the subject matter of the charge. But because one article preaches independence and another which has no connection with it is written in a violent tone, therefore... Nabasakti was entitled to an acquittal. But the Magistrate immediately afterwards falls back from light into a thick fog in which he flounders helplessly for some way of unsaying what he has said. "An Indian writer, however, who holds up national independence as an immediate panacea for the wrongs of his countrymen, is a mere visionary, and it is most unfortunate that so much of the political writing in ...
... opposition to Government's move to amend the Indian Penal Code in 1897 towards curbing the speeches and activities of the Nationalists. The Postal Act was so amended by the Government as to empower the postal authorities to stop letters which they considered objectionable from reaching the addressees. Section 108 was introduced in the Criminal Procedure Code to empower the Magistrate to punish offenders... offenders. Anandacharlu and the Maharaja of Dharbanga were appointed members of the Special Committee to go into the question of amending the Indian Penal Code. When the Committee submitted its proposal both the Indian members who differed from the rest submitted their views separately. They stated plainly that the amendments if passed in their existing form would only engender an eternal feeling of fear... rates at which the landholder was assessed and other malpractices indulged in by the British officers. Agitation over the Lex Loci was another and more important case in point. The Indian Law Commission drafted a code of law - the Lex Loci Draft Act - in which three clauses which had no relevance whatsoever to the measure were inserted. It was done deliberately to neutralise those sections of the ...
... the codified caprice or selfishness of the small handful of alien officials who call themselves the Government established by law. He had written with his eye not on the limitations imposed by the Penal Code, but on the needs of his country. This responsibility was to his countrymen, not to a group of English officials. To plead before a Court constituted by the bureaucracy, was to admit his responsibility... Bhupendranath had initiated a new departure in the struggle with the bureaucracy. He is the first who standing in the dock, called to account by the alien under alien-made law for preaching the gospel of Indian freedom to his countrymen, has refused to acknowledge any responsibility to the alien bureaucracy. It is extremely important that the real meaning of the attitude of the accused should not be mistaken... do anything which could be construed into an acknowledgement of responsibility for his political actions to an established authority ruling and resolved to continue ruling without the consent of the Indian people. Page 615 ...
... admittance to either of these.... What kind of law is that by which the weak alone are punished and which is not applicable to the powerful?" In fact, the barbarous system of punishments makes the Indian Penal Code a triumph of civilized savagery. Page 301 "the creation of volunteer forces which would be the nucleus of an army of open revolt, and all other action that could make the programme... 31 Evolving the Genius of the Race "If the truth which the yoga [of Sri Aurobindo] wants to achieve is attained and if India accepts it, then it will give quite a new turn to Indian politics —different from European politics. It would be a profound change." Sri Aurobindo had said that in an informal talk on 21 January 1925. It was the evening of 14 December 1938. Nirod asked... your lines?" "Surely not," Sri Aurobindo was categorical. "India is now going towards European Socialism, which is dangerous for her, whereas we were trying to evolve the genius of the race along Indian lines and all working for independence." Referring to the uprising of 1905 he said, "Take the Bengal Movement. The whole country was awakened within a short time. People who were such cowards ...
... This was the secret of the barbarous system of punishments which make the Indian Penal Code a triumph of civilised savagery; of the licence and the blind support allowed by the Magistracy to a phenomenally corrupt and oppressive Police; of the doctrine of no conviction no promotion, which is the gospel of the Anglo-Indian executive, holding it better that a hundred innocent should suffer than one... support of the loyalist press. Whom or what did Bipin Babu inflame? Not the Mahomedans to attack the Hindus certainly,—that would be too preposterous a statement for even an Anglo-Indian Magistrate to make,—but all Indians, Hindus and Mahomedans alike, to work enthusiastically for Swadeshi Page 221 and Swaraj. By raising the cry of Swadeshi and Swaraj, then, we forfeit the protection of ...
... Date-lined 5 th (April 1910), it wrote from Calcutta: "The Chief Presidency Magistrate yesterday issued a warrant for the arrest of Arabindo Chose under section 124-A, Indian Penal Code. The warrant remains unexecuted owing to Ghose's whereabouts not being known." The Times lost no time in reproducing these news items, along with a few more details. Londoners, when they opened their newspapers... is entirely directed towards the Anglo-Indian government, never to Englishmen as such. Page 69 Security under new press act Notice on publisher of "dharma" "Karmayogin" sedition case—trial of the printer etc. etc. Another highlighted news item was the issuing of warrant of arrest against Sri Aurobindo. The Indian News Agency promptly spread the news. ... —highly appreciated by the Nationalist Indians—was published, he offered one copy to Sukumar. It was then, towards the end of 1909, and there at the College Square house, that Ramsay MacDonald had met Sri Aurobindo. They talked long. During their conversation MacDonald asked him, "What is your conception of the end which is being worked out by our Indian administration?" The reply granted was ...
... Lalmohan and Mazarul Haq type to harass with arrests, house-searches, binding down under securities, prosecutions with no evidence or tainted evidence, and the other weapons which Criminal Procedure and Penal Code supply, and against which there can be no sufficient redress under an autocratic regime not responsible to any popular body, leaning on the police rather than on the people and master of the judiciary... dissemination of just political ideals and lawful political activities. We have to face the jealousy, suspicion and hostility of an all-powerful vested interest which it is our avowed object to replace by Indian agencies, the opposition, not always over-nice in its methods, of a rich and influential section of our own countrymen, and the vagueness of thought and indecisiveness of action common to the great... object of the institution. In the first place, we must avoid the mistake of making it a festival or a show occasion intended to excite enthusiasm and propagate sentiment. That was a function which the Indian National Congress had, perhaps inevitably, to perform, but a body which tries to be at once a deliberative assembly and a national festival, must inevitably tend to establish the theatrical and holiday ...
... banned by the British Indian Government. Many publications in English and Tamil were produced here and circulated secretly in British Indian territory in spite of the ban on them. Indeed Pondicherry was a veritable factory of patriotic fervour. Soon the police rounded up as many as fourteen men who were charged with various offences under the Indian Penal Code like murder, waging war... Ashe, a member of the Indian Civil Service (ICS, also known as the 'Steel Frame' of the British Indian Government) and a tradition-bound Britisher was then the sub-collector at the small sea port town of Tuticorin (now Thoothukudi) on the Bay of Bengal in South India. Like most Britishers in India of the day Ashe felt that the British owned India lock, stock and barrel, and Indians were destined only... seem[ed] to permeate this case'. This historic town of Dupleix and Anandarangam Pillai played a significant role in the fight for Indian Freedom. Pondicherry, being alien French territory, proved a haven for Indian revolutionaries hounded and hunted by the British Indian Police. The friendly quiet beautiful small town gave political asylum to great freedom fighters like Aurobindo Ghosh; V. V. S ...
... had no feudalism as it was practised in Europe. Disciple : Was there no penal system in ancient India ? Sri Aurobindo : There were no jails as we have them now. Disciple : No jails ! Disciple : What will non-co-operators do ? Disciple : The laws of Manu – do they represent the ancient penal code of the past ? Page 50 Sri Aurobindo : Manusmriti... is like that of the Europeans. I doubt if he ever had the grasp of the ideas of Indian philosophy. Besides, the whole trend of his being is vital – he always tries to put things into life and make a rule of it. That again is the European tendency, – everything to be turned into a code, a rule. Only, he puts it in Indian terms. I don't see any use his saying : "So long as others have not got "good... was a reference to a letter of Lord Reading to the Nizam of Hyderabad in which he says : "No Indian State can deal with the British on terms of political equality and that the British was the Paramount power in India." Disciple : This time the Indian Government has been outspoken to the Indian princes probably because other princes also have begun to insist on the terms of their treaties ...
... December? The law officers of the Government thought that the letter was seditious, and it was decided therefore to issue a warrant for the arrest of Sri Aurobindo under Section 124-A of the Indian Penal Code. One night in February - Probably on the 14th - when Sri Aurobindo was sitting with his assistants in the Karmayogin office at 4 Shyampukur Lane, young Ramchandra Majumdar brought the news derived... calm in the midst of calamity, hopeful under defeat, sure of eventual emergence and triumph and always mindful of the responsibility which they owe not only to their Indian posterity but to the world. 1 The movement of Indian independence (swaraj) was to be part of a world-wide revolution. The rediscovery of India's soul was to be the prelude to the emergence of the world's soul, the soul of... broken already, giving Indians of the new age a priceless opportunity to remould "in larger outlines and with a richer content": Our half-aristocratic, half-theocratic feudalism had to be broken, in order that the democratic spirit of the Vedanta might be released and, by absorbing all that is needed of the aristocratic and theocratic culture, create for the Indian race a new and powerful ...
... Officiating District Magistrate, on 19 May, a fortnight after Sri Aurobindo's arrest. Bail had been refused to the accused, and all if them were charged under Section 121-A, 122, 123 and 124 of the Indian Penal Code for "organising a gang for the purpose of waging war against the Government by means of criminal force". Even the preliminary trial was a tortuous process. The intended victim of the Muzzaferpore... how easily the innocent could be punished, sent to prison, suffer transportation, even loss of life. Unless one stood in the dock oneself, one cannot realise the delusive untruth of the Western penal code. It is something of a gamble, a gamble with human freedom, with man's joys and sorrows, a life-long agony for him and his family, his friends and relatives, an insult, a living Page 314... prudential calculations but sought the drink that came handy - resolute action regardless of consequences. They could both sing exultingly this chorus and also live in the light of its uncompromising code: A day indeed had dawned, When a million hearts Have known not to fear And leave no debts unpaid. Page 329 Life and death are Bondslaves at our feet; ...
... requiring him to give evidence or whether he should rather obey (as many like Antigone had done) "the imperative command of his conscience" which he held to be a "more sacred and binding law than the Penal Code". But Pal and the country alike only stood to gain from his conviction: The country will not suffer by the incarceration of this great orator and writer this spokesman and prophet of n... integrity of high thinking and holy living, which cast on every man the obligation to cultivate throughout life the knowledge of Atman (Self and God), and of striving to realise in conduct the code of humanity that Gautama Buddha enjoined. It was from the height of this vision of India to be that he called upon his countrymen to prepare themselves to be free, and not for the mere secularity... Nationalists. There was, on the one hand, "the Pharisaical cant" of the Anglo-Indians, and, on the other, the ready and tame acquiescence of the anglicised denationalised Indians. The Bande Mataram had little difficulty in exposing "the heartless hypocrisy, the intolerable sanctimony" of the Anglo-Indian advisers. ... who first make sure that only such education is imparted to ...
... Judge, Alipore, the next higher Court. All the accused were charged with 'organising a gang for the purpose of waging war against the Government by criminal force', a grave offence under the Indian Penal Code. In the case of Barin, Hemchandra Das, Ullaskar Dutt and others, additional charges were framed, those of conspiracy, complicity in plots for assassination and other murderous acts, illegal m... bathrooms are, I know, oftentimes a part of western civilization, but to have, in a small cell, a bedroom, dining room and w.c. rolled into one — this is what is called too much of a good thing! We Indians are full of regrettable customs; it is painful for us to be so highly civilized.' Indeed the physical conditions under which he had to live were simply inhuman. It was in the thick of summer that he ...
... write openly about revolutionary matters. He developed a code in which "tantra" meant revolutionary activities, and things connected with tantra ( yogini chakras , tantric books, etc.) referred to revolutionary implements like guns (see Arun Chandra Dutt, ed., Light to Superlight [Calcutta: Prabartak Publishers, 1972], pp. 27 - 30). The code sometimes got rather complicated (see the note to letter... Sri Aurobindo on his behalf (see Gandhi's letter to Sri Aurobindo on page 442). [24] May 1920. Barindra Kumar Ghose (Sri Aurobindo's younger brother, see Section Two below) was released from the penal colony of the Andaman Islands in January 1920. Paul and Mirra Richard returned to Pondicherry from Japan on 24 April 1920. [25] 2 September 1920. For information on the "marriage idea", see Light... Page 588 against the king. Sri Aurobindo was acquitted, Barin and several others convicted. The death-sentence against Barin was later commuted to life imprisonment in the Andaman Islands penal colony. In 1920, as part of the amnesty declared at the end of the First World War, Barin and the other prisoners were released. Barin visited Sri Aurobindo in Pondicherry that year and again in 1921 ...
... step, Aeschylus freely and frequently, Milton wherever he chooses. Such lines as With hideous ruin and combustion down To bottomless perdition, there to dwell In adamantine chains and penal fire or Page 13 Wilt thou upon the high and giddy mast Seal up the shipboy's eyes and rock his brains In cradle of the rude imperious surge (note two double... Interpreting a recondite beauty and bliss In colour's hieroglyphs of mystic sense, It wrote the lines of a significant myth Telling of a greatness of spiritual dawns, A brilliant code penned with the sky for page. Almost that day the epiphany was disclosed Of which our thoughts and hopes are signal flares; A lonely splendour from the invisible goal Almost was... is still incomplete, is an endeavour to be comprehensive to the maximum with a continual command of the intense and immense spiritual directness of the Vedas and the Upanishads. The ancient Indian scriptures are pervaded by an ever-present awareness of a living Infinity, an illimitable Oneness deploying itself in a myriad modes, remaining not only transcendental and static but throwing itself ...
... step, Aeschylus freely and frequently, Milton whenever he chooses Such lines as In hideous ruin and combustion down [To bottomless perdition, there to dwell In adamantine chains and penal fire] or Wilt thou upon the high and giddy mast Seal up the ship-boy's eyes, and rock his brains In cradle of the rude imperious surge (note two double adjectives in three... interpreting a recondite beauty and bliss In colour's hieroglyphs of mystic sense, It wrote the lines of a significant myth Telling of a greatness of spiritual dawns, A brilliant code penned with the sky for page. Almost that day the epiphany was disclosed Of which our thoughts and hopes are signal flares; A lonely splendour from the invisible goal Almost was flung... Personal Letters, Vol. III 9.Parnassians 10."Two Loves" and "A Worthier Pen" — The Enigmas of Shakespeare's Sonnets 11.The English Language and the Indian Spirit: Correspondence between Kathleen Raine and K.D. Sethna 12.Indian Poets and English Poetry: Correspondence between Kathleen Raine and K.D. Sethna 13.The Obscure and the Mysterious: A Research in Mallarme's Symbolist Poetry ...
... Gestapo headquarters in German-occupied Paris. × 3 Until 1945 Cayenne was the center of French penal settlements. × 4 To tell the truth, as recently as Sept. 1988, biology stumbled upon a surprising... suffering. We went from one cataclysm to another to force us gradually to discover our own secret – our secret IN MATTER. But not that of the biologists, not that of the physicists, not that of the old code, that is, the old dogmas. Our physical dogmas are as irrelevant as our religious dogmas. We have to emerge into something else through all this chaos. So there's a hope – not just a hope, it's even... suddenly it's teeming. And snakes everywhere. That was the main thing in the beginning – snakes. It was... I really felt uneasy, because they're completely invisible. And the West Indians... There were two West Indian porters making fun of me. They had perfectly understood I had landed in the forest fresh from Paris, and they were having a good time. They wanted to put me to the test – and put me ...
... February 5 I now have a second lawyer in Madras, after M. and the Pondicherry lawyer. I am covered with lawyers, what a world! Before, one was surrounded by knights, now one needs artists of the penal code. In short, one struggles against a global cobweb. But, you see, if one happened to cut the throats of four trustees, hundreds of little trustees would grow again, the Ashram is riddled with potential... take away the passports and visas of the rebellious Aurovilians, to trigger riots among Indian villagers against the Aurovilians, cut off their means of subsistence, send them to jail, blackmail them in every possible way; they made official reports saying that Satprem incited the Aurovilians against the Indian nation and that the bums to be expulsed were drug addicts and sex maniacs — all that with... Masters stood for. Yours affectionately, S. C. Gupta Page 361 And this first Indian man, S. C. Gupta, from Roorkee [in Northern India] is “Reader in Mathematics, University of Roorkee”! Mathematics is in the vanguard everywhere. I am so happy for India, and the way he puts things is so Indian. Grace gives me everything I could wish today, I was so sad for India, to be under threat ...
Share your feedback. Help us improve. Or ask a question.