§ MR. O'DONNELLasked the Secretary of State for India, Whether an English born person in India can be sentenced to penal servitude for life on the decision of a single judge without a jury?
THE MARQUESS OF HARTINGTONThis Question is asked in continuation of others which have been put to me on the subject of the Salem trials, where certain persons have been convicted and sentenced to penal servitude by a single Judge sitting with assessors. It is the fact that no European British subject can be so sentenced by a single Judge without a jury. But this bare statement would give a very inadequate idea of the relations before the law of Europeans and Natives, without some reference to the extensive changes which have been made by recent legislative measures. It would take too long to state what those changes have been; but it may be enough to say that formerly Europeans could be tried only in the Presidency towns with a jury, and all cases had to be sent to those towns, and Natives were invariably tried by a single Judge without a jury; but now provision has been made for the local trial, with a jury, of Europeans committing grave offences beyond the limits of the Presidency towns, and also for a system of jury trials to be extended to all parts of India in which the state of society admits of it. It has already been extended to some parts of India, and will doubtless extend further whenever the Local Governments, advised by the High Courts, deem it practicable. Wherever jury trial does not exist, a Native is tried by a Judge with assessors, subject to appeal to the High Court.
§ MR. O'DONNELLsaid, that the noble Marquess had stated that though no British-born subject could be sentenced to penal servitude without having been found guilty by a jury, yet that Natives could be so sentenced by a Judge with the aid of two assessors. He wished to know whether it was also the fact that a Native could be sentenced to penal servitude for life by a single Judge acting in opposition to the opinion of both assessors? Also, whether it was not the case that a Native surgeon had been recently sentenced to penal servitude for life against the opi- 398 nions of both assessors, and had been transported to his place of punishment without waiting for the result of his appeal?
THE MARQUESS OF HARTINGTONsaid, that he had already answered the Question of the hon. Member. When a trial took place before a single Judge with two assessors under the provisions of the Criminal Procedure Code, the Judge was bound to hear the opinion of the assessors; but was, of course, obliged to act on his own responsibility and judgment.
§ MR. O'DONNELLasked if the noble Marquess would take any steps to delay the infliction of the punishment of penal servitude on the gentleman referred to, pending the decision of the Appeal Court?
THE MARQUESS OF HARTINGTONsaid, that he had no official information as to the proceedings in the case mentioned, and he had no knowledge of it except from what he had seen in the newspapers. He had no doubt the provisions of the Criminal Procedure Code would be strictly enforced, and he had no reason to believe that any injustice would be inflicted by them.