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166 The Common Law in IndiaAs in England it is for the prosecutor to prove thecharge that has been laid against the accused. Theproof must be beyond reasonable doubt. 34 The courtsare to be open to the public. 35 The witnesses haveto give their evidence in the presence of the accusedperson 36 and the accused has the right to crossexaminethem after they have been examined by theprosecutor. 37 The accused or his advocate is entitledto urge arguments in his defence. Once the courtcomes to a decision of acquittal or conviction theaccused cannot be charged again with the sameoffence. 38 As in England the public prosecutor isregarded as a representative of the State, a ministerof justice assisting in its administration. He has nointerest in procuring a conviction. He is concernedonly that the truth should be known and that thereal offender be convicted. 39 A judge may not bepersonally interested in the cases which he tries, themaxim being Nemo debet esse judex in propria suacausa. 40It may truly be said that not only does the modeof trial in India assure to the accused a fair deal3 * Halsbury, 3rd ed., Vol. 10, p. 436, para. 809; Sarkar, TheIndian Evidence Act, 19th ed., pp. 29, 789, and decisions notedthere.35Criminal Procedure Code, 8. 352.»« Ibid., s. 353.37 Indian Evidence Act, s. 138; Criminal Procedure Code, s. 256.383940Criminal Procedure Code, s. 403.B. v. Puddick (1865) 4 F. t P. 497, 499; Halsbury, 3rd ed.,Vol. 10, p. 416, para. 761; Kenny, op. dt., 505, cited LordHewart C.J., Bam Banjan Boy v. Emperor, A.I.R. [1915]Cal. 545.Criminal Procedure Code, s. 556; Serjeant(1877) 2 Q.B.D. 558, at 567.& Ors. v. Dale
Criminal Law 167as in England but the manner and procedure of trialare but a modification of the English system suitedto Indian conditions. It has been said that " freedomis not so much a matter of the formulation of sonorousabstractions as of protecting the rights of each singleperson in the State. The test of freedom lies in therights of the individual, and in the readiness of the law—particularly the criminal law—to uphold them." 41As we shall see later the Indian Bill of Rights guaranteesto the individual his freedom. The IndianCriminal law helps him to enjoy and uphold it.F. T. Giles, The Criminal Law, 12.
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THE HAMLYN LECTURESTWELFTH SERIESTH
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The Common Lawin IndiaBYM. C. SETAL
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CONTENTSThe Hamlyn Trust - - - - -
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THE HAMLYN TRUSTTHE Hamlyn Trust ca
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CHAPTER 1THE RISE OF THE COMMON LAW
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The Rise of the Common Law 3mixed u
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The Rise of the Common Law 5In orde
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The Rise of the Common Law 7and Cou
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The Rise of the Common Law 9observe
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The Rise of the Common Law 11Thus w
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The Rise of the Common Law 13the ch
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The Rise of the Common Law 15includ
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The Rise of the Common Law 17from t
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The Rise of the Common Law 19Suprem
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The Rise of the Common Law 21prefer
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The Rise of the Common Law 28made a
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The Rise of the Common Law 25In the
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The Rise of the Common Law 27one to
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The Rise of the Common Law 29the ru
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The Rise of the Common Law 81Later
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The Rise of the Common Law 33The fi
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The Rise of the Common Law 351872 o
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The Rise of the Common Law 37crimin
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The Rise of the Common Law 89requir
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The Rise of the Common Law 41King's
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The Rise of the Common Law 48steps
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The Rise of the Common Law 45as its
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The Rise of the Common Law 47The sy
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The Rise of the Common Law 49Suprem
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The Rise of the Common Law 51arbitr
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The Rise of the Common Law 53has be
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The Rise of the Common Law 55As ear
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The Rise of the Common Law 57by equ
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The Rise of the Common Law 59with c
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The Rise of the Common Law 61princi
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CHAPTER 2CIVIL LAWTHE first Law Com
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Civil Law 65country of the parties
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Civil Law 67be made by a will execu
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Civil Law 69advancement based on En
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Civil Law 71as to accommodate it to
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Civil Law 73to contracts." The cour
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Civil Law 75Consideration may under
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Civil Law 77similar to those of the
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Civil Law 791845" did not, however,
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Civil Law 81in the same case that '
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Civil Law 83a mistake of fact but a
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Civil Law 85could not prevent, unla
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Civil Law 87and also a provision to
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Civil Law 89Act. 57 Speaking of the
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Civil Law 91the legal relations of
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Civil Law 93the non-performance of
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Civil Law 95purchaser who is suing,
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Civil Law 97system on which the Act
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Civil Law 99Some of the provisions
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Civil Law 101The justification for
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Civil Law 108On the contrary, as we
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Civil Law 105to the contrary as ins
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Civil Law 107patents, copyright, bi
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Civil Law 109from the social duties
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Civil Law 111early as 1872 that in
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Civil Law 113in India. 16 However,
Page 127 and 128: Civil Law 115Dealing with the quest
Page 129 and 130: Civil Law 117textbooks was codified
Page 131 and 132: Criminal Law 119criminal law were b
Page 133 and 134: Criminal Law 121powers; though the
Page 135 and 136: Criminal Law 123legal member, full
Page 137 and 138: Criminal Law 125" It is working as
Page 139 and 140: Criminal Law 127law. Stephen though
Page 141 and 142: Criminal Law 129proposed that truth
Page 143 and 144: Criminal Law 131calendar of crimes
Page 145 and 146: Criminal Law 133religious life of I
Page 147 and 148: Criminal Law 135have also in the In
Page 149 and 150: Criminal Law 137a special meaning.
Page 151 and 152: Criminal Law 139I think, depend upo
Page 153 and 154: Criminal Law 141at a conclusion whe
Page 155 and 156: Criminal Law 143and coercion. Some,
Page 157 and 158: Criminal Law 145Infancy: Moral deli
Page 159 and 160: Criminal Law 147It was laid down in
Page 161 and 162: Criminal Law 149provides expressly
Page 163 and 164: Criminal Law 151her husband who is
Page 165 and 166: Criminal Law 153by the ancient rule
Page 167 and 168: Criminal Law 155In India it is prov
Page 169 and 170: Criminal Law 157fall in Indian law
Page 171 and 172: Criminal Law 159wages war against t
Page 173 and 174: Criminal Law 161in the Indian Code.
Page 175 and 176: Criminal Law 163Large powers have b
Page 177: Criminal Law 165of certain offences
Page 181 and 182: The Indian Constitution 169time to
Page 183 and 184: The Indian Constitution 171forces i
Page 185 and 186: The Indian Constitution 173the gene
Page 187 and 188: The Indian Constitution 175the cour
Page 189 and 190: The Indian Constitution 177Bills to
Page 191 and 192: The Indian Constitution 179head and
Page 193 and 194: The Indian Constitution 181of its c
Page 195 and 196: The Indian Constitution 183This vit
Page 197 and 198: The Indian Constitution 185authorit
Page 199 and 200: The Indian Constitution 187The comm
Page 201 and 202: The Indian Constitution 189of the p
Page 203 and 204: The Indian Constitution 191came int
Page 205 and 206: The Indian Constitution 193function
Page 207 and 208: The Indian Constitution 195rendered
Page 209 and 210: The Indian Constitution 197remedies
Page 211 and 212: The Indian Constitution 199India ha
Page 213 and 214: The Indian Constitution 201establis
Page 215 and 216: The Indian Constitution 203expressi
Page 217 and 218: The Indian Constitution 205It is st
Page 219 and 220: The Indian Constitution 207in Engla
Page 221 and 222: The Indian Constitution 209it means
Page 223 and 224: The Indian Constitution 211otherwis
Page 225 and 226: The Indian Constitution 213to prote
Page 227 and 228: The Indian Constitution 215use, enj
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The Indian Constitution 217natural
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The Indian Constitution 219health a
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The Indian Constitution 221are not
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The Indian Constitution 223In its p
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Epilogue 225exactly for the same re
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Epilogue 227it, and professors medi
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