§ 14. Mr. MORRELLasked when the present scheme for a revision of the Criminal Code was submitted by the Government of India to the local councils; whether all the replies from those councils have yet been received; and whether the scheme contains any proposal for the stopping of the practice of torture by the police by providing that confessions shall not be admissible in evidence unless made in open Court before the judge trying the case?
§ Mr. MONTAGUA comprehensive amendment of the Criminal Procedure Code has been under consideration for some years. In July, 1911, the Government of India addressed the local governments—not the local councils—on the subject of recording confessions, and they hope to submit their recommendations to the Secretary of State before long. I would remind my hon. Friend that efforts have been made in many ways to stop maltreatment by police, and that this 219 object could not be secured merely by the amendment of the law which be suggests, since that would have no effect on attempts to obtain clues by undue pressure on persons supposed to have knowledge as to crimes, or on the regrettable practice of torture to procure evidence, or on a tendency to torture in order to make the prisoner promise to confess in open Court. Nevertheless, I am confident that any suggestion which will help in putting an end to or even decreasing the number of these cases will be considered, and is being considered most carefully, for the fact that they are rare and becoming rarer does not make them less horrible.
§ Mr. MORRELLCan my hon. Friend tell me whether this particular amendment is included in the scheme and also whether the scheme has yet been published?
§ Mr. MONTAGUNo, Sir, the suggestion which the hon. Member makes is one of the points on which the opinion of the local governments is being taken. The matter is being considered by the Government of India. We have not yet seen the scheme in this country, but we hope to have it before long.
§ Mr. MORRELLCan the hon. Gentleman say when that inquiry is likely to be completed?
§ Mr. MONTAGUThe Government of India is considering the matter, and I hope it will not be long.
§ Sir W. BYLESWere not promises made by the Secretary of State a year ago that certain reforms would be carried out?
§ Mr. MONTAGUA large number of the reforms which were promised in this House are being carried out.
§ 15. Mr. MORRELLasked the Under-Secretary of State for India the number of cases in the last six years in which police officers in India have been found guilty of torturing and ill-treating persons in their charge with a view to extorting a confession of crime; and in how many of these cases the victims have died as a result of the torture?
§ Mr. MONTAGUI gave the House a little more than a year ago the result of an elaborate statistical inquiry covering the six years previous. If my hon. Friend wishes it, I will ask the Govern- 220 ment of India if they can supply information up to date. But these inquiries are very onerous; it is difficult to get useful information of very recent cases because appeals may be pending, and I would prefer to wait until a comparable period had elapsed.
§ Mr. MORRELLCan the hon. Gentleman tell me whether the statement made in answer to an inquiry I made is correct, namely, that there were fifty-seven cases?
§ Mr. MONTAGUI believe the figures were as stated—57. That was up to 1910.
§ Colonel YATEAre not the British officers of the Indian police trying their best to put a stop to these practices on the part of their native subordinates.
§ Mr. MONTAGUEverybody concerned is trying to do his utmost.