By Radhika Singha
This quantity bargains with law-making as a cultural firm within which the colonial nation needed to draw upon present normative codes of rank, prestige and gender, and re-order them to a brand new and extra unique definition of the state's sovereign correct.
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Additional info for A Despotism of Law: Crime and Justice in Early Colonial India
With the expense of maintaining prisoners. 130 When the Indian daroghas of the adalats were dismissed in 1790 and replaced by British judges of the Courts of Circuit, I J I the cases of those sentenced to 'confinement during pleasure' were reviewed and many released for want of sufficient records. 132 Regulation 14 of 1797 prohibited the penalty of indefinite confinement. But a sense that the Bengal districts were being overwhelmed by banditry created a pressure in the opposite direction. Another provision for apprehending a person on suspicion of being a 'notorious robber', a 'vagrant' or a 'disorderly and ill-disposed' person, and confining him if he could not provide a security for his good behaviour, began to be extensively used.
120-1. The use of tormre in revenue. and police process in India was described as a legacy of Oriental government, but it was also considered one of the peculiar characteristics of Indian crime. Aspecific category of offence, 'dacoity-with-torture', would be formulated for India. 124 Islamic laws of evidence began to be modified to make prosecutioneasier. Faujdari to Faujdari Adalat 31 ~- the hands of the Indian darogha, kazi and mufti of the adalat. In Yet judicial discretion in the hands of Indian agency was said to be always exercised with venality.
The process of information-gathering which had hitherto assOci3t,JIO local notables with the decision-making process. A Bayly' it, the memorials and reports sent in on the basis ofthis consultati' used to constitute 'a dialogue on rights and duties between stlbj and ruler', not just an administrative procedurej '4J and the te~ the dialogue were changing. 140 lGst: revenue instalment. In Bengal this proposition applied pomte(": to the zamindars and intermediary revenue farmers who were suspecte~ encouraging banditly to resist revenue payment.