§ MR. O'DONNELLasked the Secretary of State for India, Whether, in view of the changed condition of India since the commencement of the century, he will take advantage of the pending consolidation of the Indian Criminal Law to advise the Indian Legislative Council to pass a measure granting the right of a public trial to any native of India who has been imprisoned by the 390 warrant of the Viceroy for more than twelve months, or whose property has been sequestrated for a similar period; and, whether he will also limit the power of issuing such warrants of imprisonment and sequestration of goods to the Governor General in Council alone?
THE MARQUESS OF HARTINGTON, in reply, said, there was at this moment no consolidation of the Indian Criminal Law pending. The Act 10 of 1882, which was an Act to consolidate and amend the Law relating to the Criminal Procedure, had already been passed by the Council of the Governor General of India, and received the assent of the Governor General on the 6th March last. The Act 8 of 1882, which was an Act to amend the Indian Penal Code, had also been passed, and received the assent of the Governor General on the 2nd March. As he (the Marquess of Hartington) stated the other day, warrants which were issued under special regulations could only be issued by the Governor General in Council. They were only issued on a very special reason of State policy, and entirely related to political matters. They were not used at all in the administration of the ordinary Criminal Law. He had not full and complete information on the subject; but, so far as he could ascertain, there were very few persons now detained under these special powers. It was necessary, naturally, after the Sepoy Mutiny, and at the time of the Wahaby Conspiracy, to exercise these powers to some extent as regards the Natives of India, but since that time he believed they had been very rarely applied to British subjects; and in the cases where they had been exercised, it was more frequently in regard to subjects of Native States who had made themselves liable to punishment for political offences, and who, if the Government of India had not dealt with them, would probably have been dealt with much more severely in their own States.
§ MR. O'DONNELLasked whether the noble Marquess would have any objection to lay upon the Table a Return showing the number of Natives who had been arrested under these warrants and kept without trial?
THE MARQUESS OF HARTINGTONsaid, that the Home Government had no information on the subject, and he doubted very much whether the Indian 391 Government would deem it desirable to furnish the information asked for.
§ MR. O'DONNELLasked whether the noble Marquess would make an application to the Indian Government on the subject?
THE MARQUESS OF HARTINGTONsaid, that he had already stated that he had made such an inquiry, and that he could not pledge himself as to what the answer of the Indian Government would be.
§ MR. O'DONNELLasked whether the noble Marquess would have any objection to lay a Copy of the terms of his application upon the Table?
§ [No answer was given to the Question.]