HC Deb 12 April 1897 vol 48 cc950-1
MR. PICKERSGILL

I beg to ask the Secretary of State for India whether he is aware that in sonic provinces of India the judicial brunch of the Indian Civil Service is being encroached upon and its proper functions circumscribed by the appointment of Revenue Officers to perform judicial work and that in some instances the trial of Sessions cases has been transferred to District Magistrates, who presumably are without adequate judicial training: and is this partial supersession of the provincial judiciary of India due to the exercise of the power given to the Executive Authorities under the amended Criminal Procedure Code, to invest District Magistrates and other Revenue Officers with judicial functions; and, if so, will inquiry be made as to the desirability of these provisions of the Code being revised or restricted, so that the confidence of the people in the administration of justice may be maintained?

LORD GEORGE HAMILTON

I am not aware that the judicial branch of the Service is being encroached upon. It is true that local governments in the non-regulation provinces have the power of investing District Magistrates with authority to try offences not punishable with death; but this power was not conferred by the amended code; it has existed for 25 years, and I am not aware that it has been exercised more freely of late than at any former time, nor have I any reason to think that the existing law requires alteration.

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