‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎85v] (170/394)

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the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. shall be deemed to be the additional Dis
trict Magistrate and additional Sessions Judge ; and the powers
of the Governor-General in Council and of the Local Government
under those enactments shall be exercisable by the Secretary of
State, or, with his previous or subsequent assent, by the Governor-
General of India in Council.
Notwithstanding, in any case triable by a subordinate Magis
trate under Chapters XVI to XXIII inclusive of the Indian Penal
Code if both the complainant and defendant are Mohammadans
and are acquiescent in such procedure, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. may
order the case to be tried by a Qazi, a representative from the
Agency An office of the East India Company and, later, of the British Raj, headed by an agent. attending to record briefly the proceedings. In such suits
the judgement passed by the Qazi shall not be carried into effect until
it is ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , and the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall
have power to revise the finding and sentence as if the Qazi were a
subordinate Magistrate, or to return the case for retrial to the same
or another Qazi. The sentence of the Qazi, when ratified by the
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , shall for all purposes be regarded as if it were
the decision of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in the District Court.
(2) Any jurisdiction exercisable by the Chief Court in criminal
matters under this Order may be exercised by the Judge of that
Court either within the limits of this Order or elsewhere.
15. In cases in which the Code of Criminal Procedure requires
the sentence of a Court of Session to be confirmed by the High Court,
the sentence shall be referred for confirmation to the Governor-
General of India in Council instead of to the Chief Court.
16. Where a person subject to the Order is accused of the Com
mission of an offence the cognisance whereof appertains to the
Court, and it is. expedient that the offence be enquired of, tried,
determined, and punished in a British Possession, the accused
may (under the Foreign Jurisdiction Act, 1890, section 6 ) be sent
for trial to Bombay.
The Chief Court may, where it appears so expedient, by
warrant under the hand and seal of the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , oause 1
the accused to be sent for trial to Bombay accordingly.
The warrant shall be sufficient authority to any person to whom
it is directed to receive and detain the person therein named and to
carry him to and deliver him up at Bombay, according to the
warrant.
Where any person is to be sent to Bombay, the Court before
which he is charged shall take the preliminary examination, and
shall bind over such of the proper witnesses as are British subjects
in their own recognisances to appear and give evidence on the trial.
17. —( 1 ) The Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. may by General Order pres
cribe the manner in which and the places at which, sentences of
imprisonment are to be carried into execution within the limits
of the Order.
( 2 ) The Court may in any case by warrant, sealed with its seal,
cause an offender convicted and sentenced to imprisonment before
the Court to be removed to, and imprisoned in, any place that shall
be prescribed by the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. under the authority provid
ed for in sub-section ( 1 ) of this article.
18. Where an offender convicted before any Court under this
Order is sentenced to imprisonment, and the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
proceeding under section 7 of the Foreign Jurisdiction Act, 1890,
authority in that behalf being hereby given to him, considers it ex
pedient that the sentence should be carried into effect elsewhere
than within the limits of this Order, and the offender is accordingly
sent for imprisonment to a place outside the limits of this Order,
the place shall be either a place in the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay, or a
place in some other part of His Majesty s Dominions, the Govern
ment whereof consents that offenders may be sent thither under
this article, or a place in w r hich by Treaty, grant, usage, sufferance,
or other lawful means His Majesty has jurisdiction, provided that
if a person is not a British subject he shall only be sent under this.
Article to a place in His Majesty’s Dominions.