REFORMS IN CRIMINAL JUDICATURE UNDER WARREN

HASTINGS

Submitted by

Mrinal Kishore Jha(Uid No: SM0115025)

History- II

NATIONAL LAW UNIVERSITY, ASSAM

GUWAHATI
 TABLE OF CONTENTS

1. Introduction
1.1. Literature Review
1.2. Scope and Objective
1.3. Research Methodology
1.4. Research Question

2. Warren Hastings: A Brief Introduction

3. Criminal Judicial system before warren hastings

4. Reform in Criminal Judicature under warrent hastings

Conclusion

Bibliography
 CHAPTER- 1

INTRODUCTION

The administration of justice on the time Warren Hasting took over as Governor of Bengal
was in a bad shape. It used to be almost verging on a total give way. The dual system of
government proved very faulty and unsatisfactory. The courts had end up the instruments of
vigour alternatively than of justice, useless as manner of safety however apt instruments for
oppression. On realizing the fact that the procedure of double govt had failed the organization
licensed the then Governor Warren Hastings to adopt such rules and pursue such measures as
shall without delay be certain each viable skills to the company and free the ryots from the
oppression of Zamindars and petty tyrants.

Warren Hastings as a consequence proceeded to make major changes in the administration of

justice. This paper work views the more than a few reforms made via Warren Hastings for the
period of his time in India. This administration of justice perhaps studied in four levels. To
begin with Warren Hastings realized the actual fact that an impartial and standard
administration of justice was once enormously foremost for developing stipulations for a
greater collection of land revenue. Hence alterations had been made in regard to civil and
crook justice whilst quite a lot of different provisions have been additionally introduced. In
addition one of the vital important progress which took position was that the three
presidenciesBengal, Bombay, and Madras were divided into a quantity of districts for the
betterment of administration. Ultimately, the appointment of Impey helped in pleasant the
need of reforming the judicial process under the control and supervision of a robust authority.
In fulfillment of his tasks, his work of compiling the Civil system Code was quite
recommendable. It used to be for the primary time that the legislation was once put on stable
and precise grounds in order that the persons would recognize as to what the system of courts
was.
1.1. Literature review

Jain M.P., Outlines of Indian Legal & Constitutional History; LexisNexis Butterworths
Wadhwa Nagpur, 2009

Outlines of Indian Legal & Constitutional History is a comprehensive and relevant material
(book) for my research project.This book analyses the prejudicial system in India and then
especially the reforms of warren hasting judicial reforms and then all the defects of pre
judicial system overcome by warren Hastings judicial plan. In this major part i.e. is relevant
part for my topic i.e. criminal judicature of warren Hastings plan and then. His major reform
on the part of criminal judicature in there he established different court for criminal justice.
But that time criminal part was handled by Nawab or Nazim.

Paranjape N.V., Indian Legal & Constitutional History; Central Law Agency, Allahabad
2015

Indian Legal & Constitutional History by Dr. N.V. Paranjape is a valuable source of
information on this topic. In which this book explores many factors for establishment of
criminal court. This part valuable for my project topic in which there were certain factors for
establishment of new court and in which new reforms were added to run this court and in
which companys servant was presided over these type of criminal court.
1.2. Scope and objective

The scope of research is to study about the reform in criminal judicature under
warren hastings, and before warren hasting the situation of judicial system in
British india,which would be analysed by studying it through various sources.

The scope and objectives are

To understand criminal justice system before warren hastings.

To understand the plan of warren hastings to reform in criminal judicature

1.3. Research methodology

The doctrinal method has been used for the purpose for this research. Doctrinal research is
essentially a library based research where the researcher gathers the necessary knowledge and
information from books and journals available in various libraries and online databases
available on the internet.

We have gone through the secondary sources i.e. the various books and journal articles
pertinent to the topic available in our library. Moreover we have referred to various online
databases and reliable websites in the internet which added to our understanding of the topic.
All these sources have helped to formulate our objectives and the research question which
formed the basic framework of our study.

1.4. Research Question

Which are the reforms in criminal judicature brought by Warren hastings?

 How he refrain conflict of power between himself and Nizam?

CHAPTER- 2

WARREN HASTINGS: A BRIEF INTRODUCTION

HASTINGS, WARREN (17321818), first governor-general of British India. Warren

Hastings was a competent, honourable, and farsighted administrator whose policies, some
controversial, decisively shaped and stabilized future Anglo-Indian relations. The controversy
surrounding his administration made him the subject of impeachment and trial in Great
Britain.

Warren Hastings was born at Daylesford, Worcestershire, on 6 December 1732, the son of a
country solicitor whose family had fallen into poverty. When his mother, Hester Warren, died
soon after his birth, his father departed for the West Indies. Warren was raised by an uncle
who sent him to school, first at Newington and then to Westminster, where he became the first
king's scholar of his year in 1747.

In October 1750, Hastings entered service as a clerk in the East India Company. Able and
ambitious, he advanced rapidly, becoming the company's resident (1757). From 1761 to 1764,
he served on the Calcutta Council, the chief governing body in Bengal. During this period he
attempted to reform abuses in the transit system, specifically the practice whereby British
officials passed private consignments free of duty, resulting in disproportionate fiscal burdens
on the Mughul nabob Mir Kasim and his subjects 1. Hastings's compromise proposal proved
ineffectual and a brief war erupted, ending in the defeat of Mir Kasim and restoration of the
former nabob, Mir Jaffier.

In 1764 Hastings returned to England, but financial need forced him to seek reemployment
with the Company, which, in 1769, appointed him to the Council of Madras. Two years later
he was promoted to the governorship of Bengal.

From 1772 to 1774, Hastings consolidated British control over native authorities, restored
order to the province's judicial system, abolished the pension that Lord Clive had paid to the
Mughul, and created a new, more efficient procedure for collecting the land revenues, a major
source of the company's financial solvency. The English collectors, being inexperienced and

1 SCHWEIZER, KARL W.. "Hastings, Warren (17321818)." Europe, 1450 to 1789:

Encyclopedia of the Early Modern World. 2004. Encyclopedia.com. 17 Apr. 2016.
extortionate, were removed and replaced with native officers of proven knowledge and
ability. Six divisions were created by grouping the districts and subordinating them to
provincial councils under the control of non-Indian administrators. This arrangement, like so
many of Hastings's ideas, was to become an enduring part of the British ruling tradition in
India.

Lord North's Regulating Act of 1773 placed India under three presidencies, with one
governor-general, a position held by Hastings from 1774 to 1784, assisted by a newly created
council of five, three of whomstrangers to Indiawere hostile to his policies. Given only a
single vote, Hastings frequently found himself overruled in his efforts to curb further
corruption and introduce reforms. Eventually his fellow councillors, led by Sir Phillip
Francis, conspired against him, fabricating charges of corruption and cruelty that were to
culminate in his impeachment. Despite such obstructionism, Hastings launched military
expeditions to defeat the Mahrattas conspiracy that threatened Britain's imperial governance,
quelled provincial revolts, continued his financial reforms, and founded the Asiatic Society of
Bengal and the Calcutta Madrisa, a vital center of Muslim culture. He also had to confront the
danger posed by the sultanate of Haidar Ali, who (with the connivance of the French and
Dutch) plotted insurrection against British rule. On his own authority, Hastings removed the
incompetent governor of Madras and replaced him with the veteran militarist Sir Eyre Coote,
who defeated Ali's forces at Porto Novo. Parallel naval action drove the rebels out of the
Carnatic (a region in southeastern India). On the death of Haidar Ali in 1782, Hastings
negotiated the treaty of Salbai, which acknowledged British supremacy throughout India and
calmed the situation in Madras.

Hastings resigned his office in December 1784 and returned to England on 13 June the
following year. In 1787 he faced impeachment charges initiated by Edmund Burke (working
with Hastings's enemies), whose outrageous conduct evoked numerous rebukes from the
House of Lords. The lengthy trial, beginning in 1788 and lasting until 1795, ended in
Hastings's acquittal, but severely compromised his reputation, ruined his health, and cost
him 50,000.

In his later years, Hastings campaigned for a peerage and a parliamentary reversal of the
impeachment, neither of which ever materialized. He received a doctorate of civil law from
Oxford in 1813, was sworn privy councillor in May 1814, and died, a rural recluse, on 22
August 1818. Although Hastings's conduct of affairs tended at times to be high-handed, if not
unscrupulous, his motives were invariably patriotic, not self-interested. He expanded the
territorial scope of British dominion in India, honored and preserved indigenous cultures, and
introduced many needed and lasting reforms. The prince regent (the future George IV) put it
best when, in 1814, he called Hastings "the most deserving yet also one of the worst used men
in the empire."

CHAPTER- 3

CRIMINAL JUDICIAL SYSTEM BEFORE WARREN HASTINGS

Before british raj the mughal was ruling on india. There system of justice was not pragmatic.
Justice deliver to common people on whims and fancy. They gave very discriminate
judgement on many occasion. 2They were largely influence by who commit crimes, not on the
seriousness of crime. Some time the punishment was very harsh on petty crime, and some
time criminal had acquineted on serious crime. The lack of uniformity in punishment was
eminent. But the ruler had try to established a system in good faith. The intention was largely
good. But the officer used in own way. 3There was vital power given in hand of local
authority and official. No one investigate on there judgement. But at the same time they try to
establish a system.

Dad-i-baq or amir-i-dad (Magistrates)

These were like modern city magistrates.

Kotwal
Kotwal was the police officer. He discharged duties of committing magistrates. Criminal law
was very severe. Torture and mutilation were quite common punishments.

Provincial Government
During Akbar, the number of provinces was 15 provinces were called Suba and districts
(Sarkar). In addition, there were subordinate provinces under charge of chiefs who were
Suzerains or King. These chiefs were called mansabdars 4and were under obligation to
attend royal darbar on important occasions or when called for. These states were called
Sarkars also and were put under the Suba within which situated. Each Suba had
sipahsalar (Governor), a Diwan, Bakshi, Sadra, Qazi, Kotwal,
Mirbahr and waqaya navis.

2 http://www.historytoday.com/sean-mcglynn/violence-and-law-medieval-england

3 ibid

4 Ibid
District Administration
Each province (Suba) was divided in number of districts (Sarkar). Fauzdar, amalguzar
(collector) Qazi, Kotwal, Bitichi (Record Keeper), Khazandars (Treasurer) were district
officers.5

Pargana
Pargana or Mahals were sub-divisions of districts. These were lowest administrative units.
The officers in Pargana were four; Shiqdar, Amil (munsif), Fotadar (treasurer), Karkuns
(writer) and Qanungo.

Municipal administration
Kotwal looked after municipal duties along with police work. This was the arrangement in
big towns, Amal-guzar appointed officers for municipal duties in small towns. Kotwal was
nominee of central Government.

Village administration
Village administration was left as it was during Hindu kings headman, patwari and chaukidars
were village officers. Village Panchayat was the recognized court of Justice by Akbar.
Hierarchy not in strict sense- The organization of court and relation of one to the other or
others was not strict. The higher courts of King and Chief Qazi were basically Courts of
Appeal but quite often decided the cases in first instance. The appeals from city courts could
lay to any whether District Court, Provincial Court, Qazi Court or directly to the King. One
type of case could be decided by many and number of officers. There was no clear
specification of Jurisdiction of courts. Criminal matters could go to Qazi, Mir Adil or the
Governors. So was the civil case; Mir Adil or to Diwans of the Provinces.

5 http://www.legalservicesindia.com/article/article/development-of-adalat-system-
during-the-time-of-warren-hastings-252-1.html
 CHAPTER- 4

REFORM IN CRIMINAL JUDICATURE

The administration of justice at the time Warren Hasting took over as Governor of Bengal was
in a bad shape. It was almost verging on a total collapse. The dual system of government
proved very defective and unsatisfactory. 6The courts had become the instruments of power
rather than of justice, useless as means of protection but apt instruments for oppression. On
realizing the fact that the system of double government had failed the company authorized the
then Governor Warren Hastings to adopt such regulations and pursue such measures as shall
at once ensure every possible advantage to the Company and free the ryots from the
oppression of Zamindars and petty tyrants.

Warren Hastings hence proceeded to make major changes in the administration of justice.
Thus changes were made in regard to civil and criminal justice while various other provisions
were also introduced. Moreover one of the major development which took place was that the
three presidenciesBengal, Bombay, and Madras were divided into a number of districts
for the betterment of administration. Lastly, the appointment of Impey helped in fulfilling the
need of reforming the judicial system under the control and supervision of a powerful
authority. In fulfillment of his duties, his work of compiling the Civil Procedure Code was
quite recommendable. It was for the first time that the law was put on solid and certain
grounds so that the people could know as to what the procedure of courts was.
7
The East India Company had only the rights of Diwani and therefore their role in criminal
judicature was minimal. It was restricted to the extent of the Governor and Council exercising
supervisory control over the courts functioning . In truth, the British had no right to
administer criminal justice as that still came under the purview of the Nizam and his assistant.
There was no need for the company to even worry about it. But due to the abhorrent nature of
the crimes committed and the lack of interest in addressing these grave injustices, the British
took this responsibility as well. The Nawab at the time was a minor, and he was more than

6 Ibid note 3

7 http://www.historyonthenet.com/medieval_life/crimeandpunishment.htm
happy to hand over this function to the British. All the above courts were to be open courts to
promote free and fair justice. They were to maintain proper records and registers, which were
to be given to the Sadar Adalats. Also special consideration was given to tackling the problem
of dacoity. Any dacoit found could be executed in their villages, which shall be fined and
their families made slaves to the stateThough this was harsh Hastings believed this would be
the best way to tackle the problem.

Establishment of Mofussil Fozdari Adalat

In every district a mofussil nizamat or fozdari adalat was established to try all criminal cases.
The adalat consisted of the Muslim kazi, mufti and moulvies. The moulvies interpreted the
Muslim law of crimes. The Kazi and Mufti gave fatwa and render judgment. In this adalat
collector exercise general supervision over the Adalat, and saw that no corruption was made
in the case. The judgment was given impartially..
This Fozdari adalat was not allowed to handle cases where punishment was death sentence or
forfeiture of property of the accused. Such cases went to Sadar Nizamat Adalat for final
orders.

Sadar Nizamat Adalat

The old system of justice was very simple as zamindar decided all petty cases. This was open
to abuse and gave enough scope for the rich to oppress the poor. Hastings set upon himself to
reform the judicial system. He established two courts in each districts. Sadar Nizamat Adalat
consisted of an Indian judge known as Daroga-i-adalat who was to be assisted by the chief
Kazi, chief mufti and 3 moulvies.Nawab appointed all these persons as per the advice of
Governor.In case of death sentence, punishment death warrant was made by the Adalat and
signed by the Nawab as the Head of Nizamat. The governor and council supervised this adalat
to control and reduce the corruption. All cases were heard in the open court. All courts were
ordered to maintain registers and records. Any case older than 12 years was not accepted.
District courts forwarded their records to the Sadar adalat In civil cases when Plaintiff filed
a case, defendant accused person was given only limited time to give answer and then
examine the witness and give the decree, pass the final orders. The plan tried to reduce the
expenses of people. With this plan law officers like kazis, muftis were given salaries. Before
this plan Judge charged the commission but this new plan abolished this law and introduced
the Court fee system where fees went to Government. After this plan and establishment
of Courts for common Indians it became easy to approach the Judiciary.

CONCLUSION

Warren hastings work of compiling the Civil Procedure Code was quite recommendable. It
was for the first time that the law was put on solid and certain grounds so that the people
could know as to what the procedure of courts was. In order to devise a machinery to arrest
criminals and to bring them to trial, the Judges of the Mofussil Diwani Adalats were
appointed as Magistrates also. They were, however, not given, for the time being any
jurisdiction to try them. They were to apprehend those persons who were suspected of having
committed crimes and send them to the nearest Faujdari Adalats for trial with written
accusations.To have an effective supervision over the proceedings of the criminal courts
including the Sadar Nizamat Adalat, Warren Hastings created a separate department at
Calcutta to receive monthly reports and returns of proceedings, lists of persons apprehended
and sent for trials by Magistrates, details of charges leveled against them, and the lists of
persons released, convicted, and put in confinement by the criminal courts. A servant of the
Company was appointed to act under the Governor-General as head of this Department, with
the title of the Remembrancer of the Criminal Courts. He was incharge of all the reports
dispatched by various Magistrates and courts. He was to analyze these reports, prepare
extracts and arrange them in a proper way. This is how a check was to be maintained on all
persons entrusted with the administration of criminal justice.

Warren hastings reform in criminal judicature was off course not suffice but his big
achievement was that he somehow brought a uniformity in giving justice. He was very
intelligent person; he purposefully did not take the full charge of Criminal justice system
and kept the puppet Nizam alive.
 BIBLIOGRAPHY

Books

Jain M.P., Outlines of Indian Legal & Constitutional History; LexisNexis Butterworths
Wadhwa Nagpur, 2009

Paranjape N.V., Indian Legal & Constitutional History; Central Law Agency,Allahabad
2015

Online source

http://www.legalservicesindia.com/article/article/development-of-adalat-system-during-
the-time-of-warren-hastings-252-1.html

https://www.scribd.com/doc/136267918/WARREN-HASTING-1772-1774

http://www.indianetzone.com/47/dual_government_bengal.htm

http://shodhganga.inflibnet.ac.in/bitstream/10603/10375/11/11_chapter%202.pdf

http://shodhganga.inflibnet.ac.in/bitstream/10603/44738/5/05_chapter1.pdf

http://www.realityviews.in/2010/04/part-9-indian-legal-history-judicial.html

http://www.historytoday.com/sean-mcglynn/violence-and-law-medieval-england