By Radhika Singha
This quantity bargains with law-making as a cultural firm within which the colonial nation needed to draw upon current 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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194-240, and chapter three. 141 See chapters two and five. " 142 Teh)'ildar. revenue collector for the tehsil, a revenue unit. A. Bayly, 'Knowing the country: Empire and information in In~:: MAS, 27,1 (1993), pp. 3-43. 0 ~~1l1lYtapped the same pool of service literati which "hal state and its successors had drawn upon. But kazis and re b,eing reappointed to judicial office, not to uphold the Siaria, bUt to associate the Company with Mughal sovereign authority and its punitive functions. Yet the :, had to negotiate with the sense of social status and 'al>oqt 'law' that Islamic law officers and pandits ~ed<;>main of colonial justice.
Ent in the Islamic law. The law officers of the Hamra . ' 0 began to bring their punitive prescription. id(~",. , ,,c. ·shment. ;;imprisonment for recurrent petty. ra, the ruler's power to inflict 19:: exemplary punishment wi~1~nce to the sharia. But they':'" would not acx:ept that the ihiifl~ could be modified. ~ ~~~~fore had to take shape t~ through. ' usmr. , set.. &tn. Th£tlftp,to. ·c:anbe IDasnted injury to person. 'c" . ; . ,~.. , . W! •. •. th this official objec,m process of ~~ dealing with r Conceptions of Sov~reip Right and Public Justice:'; <' Orientalists, Anglicists and the Islamic Law of HomiCide For Duncan one ofthe most obvious signs of a deficiency ofvigour in criminal justice was that, 'since the present Raja's accession, he has not ventured, nor will ofhimselfventure, to punish with Death, , the most notorious offenders.
122 Interestingly, Hastings also argued that a lower standard of conviction for dacoity would extend, not erode the principle of due process by reducing the need to use torture to extract a confession. '12l It has to be remembered however that the standards of proof required by Islamic law were being lowered in a context in which the defendant did not have the protection of trial by jury or wellestablished laws of criminal procedure. , p. 89. ' Committee of Circuit to President and Council, 15 August 1772, Supplement, p.
A Despotism of Law: Crime and Justice in Early Colonial India by Radhika Singha