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INDIAN COUNCILS ACT, 1871

Ministry of Law and Justice

Act nº 34 of 1871


  • Act nº 34 of 1871

Preamble

INDIAN COUNCILS ACT, 1871

[Act, No. 34 of 1871]

[29th June, 1871]

PREAMBLE

An Act to extend in certain respects the power of Local Legislatures in India as regards European British subjects.

Section 1. Power to Local Legislatures to confer jurisdiction over European British subjects to magistrates in certain cases

No law or regulation heretofore made or hereafter to be made by any Governor or Lieutenant-Governor in Council in India in manner prescribed by the aforesaid Act shall be invalid only by reason that it confers on magistrates, being justices of the peace, the same jurisdiction over European British subjects as such Governor or Lieutenant-Governor in Council, by regulations made as aforesaid, could have lawfully conferred or could lawfully confer on magistrates in the exercise of authority over natives in the like cases.

Section 2. Committal of defendant (being an European 'British subject) to the High Court (Indian Act NO. 25 of 1861, s. 226)

When evidence has been given in any proceeding under this Act before a magistrate, being a Justice of the peace, which appears to be sufficient for the conviction of the accused person, being an European British subject, of an offence for which, if a native, he would under existing law be triable exclusively before the Court of Session, or which, in the opinion of the Magistrate, is one which ought to be tried by the High Court, the accused person, if such European British subject, shall be sent for trial by the Magistrate before the High Court.

Section 3. Power to Local Legislatures to amend and repeal certain laws

And whereas by an Act passed by the Governor General of India in Council, Indian Act No. 22 of 1870, it is provided that certain Acts heretofore passed by the Governors of Madras and Bombay respectively in Council, and. by the Lieutenant-Governor of Bengal in Council, shall, so far as regards the liability of European British subjects to be convicted and punished there under, be and be deemed to be as valid as if they had been passed by the Governor General of India in Council at a meeting for the purpose of making laws and regulations: Be it further enacted, that the said Governors and Lieutenant-Governor in Council respectively shall have power to repeal and amend any of the said Acts so declared valid, any Acts to be passed under the provisions of the Indian Councils Act.