XIII.

NOTES RESPECTING THE TRIAL BY PUNCHIET, AND THE ADMINISTRATION OF JUSTICE AT POONA, UNDER THE LATE PAISHWA.

THERE

By THOMAS COATS, Esq. Surgeon Bombay Establishment.

Read on the 23rd February, 1819.

HERE were no formal judicial establishments under the late Government at Poona; yet there were many channels either acknowledged by it, or means suffered through which justice was administered or might be obtained. They however were all considered in the public opinion impure, and having much of the character of chance: every person therefore who had a cause to litigate deemed it essential to propitiate his judges, and many were tempted to bring forward claims they knew to be unfounded. This state of things must necessarily have produced a most pernicious effect on the morals of the people; and we accordingly find bribes every where given and received almost as a matter of course, shameless demands persevered in, and cunning appearing in every possible shape. Under a government which afforded no protection to the weak against the strong, acts of injustice and violence, however, seem to have been much less common, at least near Poona, than could have been expected. The cause of this is not very evident; but perhaps is chiefly to be looked for in the mildness and abhorrence of cruelty in the dispositions of the people, produced by many of their religious maxims; and the necessity there was even for the powerful, where their own elevation was so precarious, to conciliate and strengthen themselves by avoiding a behaviour that would make enemies. When a poor man had a claim to urge against a rich one, which he did not choose to acknowledge, the poor man antici

pated delay, but never despaired of ultimate success. He set all his little tricks to work to carry his object. He threw himself continually in the way of the great man, and made himself and his case familiar to all his dependants. Promises or threats though he was seldom treated harshly) did not induce him to relinquish his claim, and in the end he often got redress. If this did not succeed, he made a like appeal to the prince, and as a last resource threatened, and even sometimes destroyed himself; which always operated powerfully on the superstition of his oppressor.

The disposition that prevailed to make appeals was checked by the written engagement the parties were always called on to enter into, to abide by the award of the Punchiet, or authority to which the cause was referred. Appeals, however, were admitted; and when the suiters were rich, probably encouraged. When it was wished to put a final stop to the appeal, the party cast was required to give a written confession that his cause was unjust, and that he would not litigate it again. But it appears not to have been uncommon, on the death of the parties entering into these engagements, or on any change of government, for the point in dispute to be again brought forward.

Delay, so serious an evil where European forms are observed, seems not to have been much complained of; the numerous dealers in justice, and the greater simplicity of proceeding by Punchiet, perhaps left not much ground for dissatisfaction on this head.

A sort of ecclesiastical court and one for the administration of criminal justice were acknowledged in the city. A learned Shastree, assisted by other Shastrees supposed to be acquainted with Hindoo law, was at the head of the first. It took cognisance of all offences against the ordinances of religion and breaches of rules of cast. It was also referred to for judgement in intricate criminal and civil cases, particularly when Brahmins were the parties concerned. Disputes, &c. in casts were permitted to be settled by their own body: appeals however were always open to the Shastrees, and it is said were encouraged. he head 113tree was paid by the assignment of some villages and occasional from the Paishwa; but his chief income was from bribes.

presents

The criminal court was composed of a Brahmin president, some Brahmins clerks, and a Shastree, Its mode of proceeding, if the accused were professed thieves or old offenders, was summary, and had something of a sanguinary character. It was always essential to conviction that the offender should confess his guilt, and the investigation turned much on this. The facts and. evidence were all taken down in writing by the karkoons (or clerks), and persuasion and threats were used from time to time to obtain confession. If this failed, and when from the evidence recorded there appeared little doubt of the guilt of the accused, torture was had recourse to, and he was flogged, the chilly bag was put to his nose, &c. &c. If he persevered in his innocence he was sent back to prison, put in the stocks, and only allowed a very scanty subsistence; and after an interval was brought forward again and again to try to get him to confess. This refers chiefly to Ramoosees, Mangs, and persons of bad character. In other cases the proceedings were conducted with more deliberation and forbearance, and there were probably few instances where those entirely innocent were made to suffer. Persons accused of robbery and theft were readily admitted to bail, if the bondsman made himself responsible for the lost property in case of conviction. Murder was not bailable, unless a compromise was made with the friends of the deceased. The accused might summon what evidence they pleased, but were not allowed to have any intercourse with them. When the offender had been convicted on his own confession, the President, Shastree, and Brahmins of the court in ordinary cases awarded the sentence; and in intricate cases this was done by a body of learned Shastrees, sometimes in the presence of the Paishwa. No severe punishment was inflicted till the case had been submitted to the Paishwa for his approval. Brahmins of course, whatever their crimes, were never put to death, or subjected to any punishment considered ignominious. For small crimes they were often merely reproved, ordered to dispense charities, and perform religious penances; or were subjected to slight fines, imprisonment, or flogging : for those of a deeper die they were heavily fined, or confined in hill forts, sometimes in irons, where the climate and their scanty and unwholesome

food commonly soon put an end to them; and their property was sequestrated, and their sins visited on the children. Gangs committing murder, highway robbery, and house-breaking, were punished by death, and their bodies hung up on the side of roads; other professed and incorrigible thieves were punished, according to the extent of their crimes, by cutting off a finger, or hand, or foot, or both, and left to their fate. But if the criminal could pay a fine or a handsome bribe, and get a puttel, or tangible person, to become security for his future good behaviour, he was often set at liberty. Murders amongst the people in consequence of family or private feuds, or even when committed from worse motives, were seldom punished by death. The murderer was taken into custody by the Government; but it did not encourage his being put to death, probably because, if he was saved, it usually got a large fine. If the friends of the deceased were urgent for revenge, this was combated by their being told that forgiveness was God-like; that what had been done could not be undone; that as blood had been shed, it only added to the evil to shed more, &c. and advising them to be satisfied with the price of blood, which was fixed at three hundred and fifty rupees. They often thought it best to submit to this advice: if not, a compromise was made by the murderer being sent to a hill fort, or they took an opportunity to revenge themselves; but this was not common. Perjury was punished by the perjurer being made to make good the loss that depended on his false oath, and paying a fine to Government. Forgery ought by the Hindoo law to be punished by cutting off the right hand; but this, like almost every crime at Poona, was commutable for money. Women were never punished by death for any crime. Turning them out of their casts, parading them on an ass with their head shaved, cutting off their noses, &c. were the usual punish

ment.

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The police and a share of the criminal justice in the districts was formerly administered by the revenue servants; but since the adoption of the farming system by Badjee Row, a particular person (Tuppassnees) with an establishment of Peons paid from the treasury, was appointed to the charge of these duties. This plan was probably thought expedient from

the frequent removal of the revenue contractors, and from there often being none in whom the Government could confide so important a trust. The plan is said not to have been so efficient as the old one, and the Ryots complain of it as multiplying authorities, and subjecting them to the exactions and insolence of a host of Peons. In the districts near, criminals on being apprehended were sent to Poona; but if remote, the Tuppassnees instituted an inquiry on the spot, and submitted a statement of the proceedings to the presence.

Civil causes when men of rank were the suitors, or which involved much property, were generally referred to the ministers, and submitted to their arbitration, or tried by Punchiet. They also heard appeals. If the case could warrant a revision, this was ordered; if not, the appellant put a stop to the course of justice by bribes, or was out-bribed by the other party.

Small crimes, and disputes in the villages, were within the jurisdiction of the Puttel, who punished the former by reproof or stripes, but he was not permitted to levy fines. The latter were settled on his authority, or, if the parties demanded it, by Punchiet. Disputes of greater importance, or if the parties belonged to different villages, were referred to the revenue officer, who again settled them on his authority, or by a Punchiet constituted of members from the neighbouring villages. The Shate and Mahajons, and the civil officers of trading towns, were supposed to have the same authority within their divisions that the Puttels had in the villages; but their power of late had been curtailed.

Sirdars and men of rank, besides administering justice to their immediate servants and dependants, were often called on by their neighbours ; and many disputes were equitably adjusted in this way.

Together with these different chances that the people had of getting justice, custom in many instances allowed them to take the law into their own hands. This was especially the case in the recovery of debts. Debtors were seldom submitted to imprisonment, but the modes of annoyance resorted to by the creditor were perhaps more effectual in bringing them to a speedy settlement.