HC Deb 26 June 1907 vol 176 cc1381-2
SIR H. COTTON (Nottingham, E.)

I beg to ask the Secretary of State for India whether he is aware that judicial sentences of whipping in India are appealable, but that the sentences in such cases are carried out at once, before the appeal can be heard, and that in many cases injustice has followed from this procedure; and whether ho can see his way to enjoining that such sentences when appealed against shall not be inflicted pending the hearing of the appeal.


Sentences of whipping are not ordinarily appeal able when whipping is the sole punishment ordered. They are appealable only when passed by a magistrate of the second class specially empowered by the Local Government, and it is believed that this authority is seldom given, and only when a magistrate having superior powers is at hand to hear an apeal, if any is made. When whipping is ordered in addition to imprisonment in a case subject to appeal, the whipping is not inflicted until fifteen days from the date of the sentence, or, if an appeal is made within that time, until the sentence is confirmed by the Appellate Court. As the hon. Gentleman is aware, the whole subject has been for some time under the Secretary of State's consideration.


Have there not been cases of scandalous injustice in which the whippings have been inflicted pending the appeal which has been allowed after the whipping has been carried out?


I am not aware of any such scandalous cases, and shall be glad if the hon. Member will draw my attention to any.


I can assure the hon. Gentleman there have been many.