Rambles and Recollections of an Indian Official eBook

William Henry Sleeman
This eBook from the Gutenberg Project consists of approximately 1,051 pages of information about Rambles and Recollections of an Indian Official.

Rambles and Recollections of an Indian Official eBook

William Henry Sleeman
This eBook from the Gutenberg Project consists of approximately 1,051 pages of information about Rambles and Recollections of an Indian Official.

Hobbes, in his Leviathan, says, ’And seeing that the end of punishment is not revenge and discharge of choler, but correction, either of the offender, or of others by his example, the severest punishments are to be inflicted for those crimes that are of most danger to the public; such as are those which proceed from malice to the government established; those that spring from contempt of justice; those that provoke indignation in the multitude; and those which, unpunished, seem authorized, as when they are committed by sons, servants, or favourites of men in authority.[13] For indignation carrieth men, not only against the actors and authors of injustice, but against all power that is likely to protect them; as in the case of Tarquin, when, for the insolent act of one of his sons, he was driven out of Rome, and the monarchy itself dissolved.’  (Para. 2, chapter 30.) Almost every one of our Thanadars is, in his way, a little Tarquin, exciting the indignation of the people against his rulers; and no time should be lost in converting him into something better.

By the obstacles which are still everywhere opposed to the conviction of offenders, in the distance of our courts, the forms of procedure, and other causes of ‘the law’s delay’, we render the duties of our police establishment everywhere ’more honoured in the breach than the observance’, by the mass of the people among whom they are placed.  We must, as I have before said, remove some of these obstacles to the successful prosecution of offenders in our criminal courts, which tend so much to deprive the government of all popular aid and support in the administration of justice; and to convert all our police establishments into instruments of oppression, instead of what they should be, the efficient means of protection to the persons, property, and character of the innocent.  Crimes multiply from the assurance the guilty are everywhere apt to feel of impunity to crime; and the more crimes multiply, the greater is the aversion the people everywhere feel to aid the government in the arrest and conviction of criminals, because they see more and more the innocent punished by attendance upon distant courts at great cost and inconvenience, to give evidence upon points which seem to them unimportant, while the guilty escape owing to technical difficulties which they can never understand.[14]

The best way to remove these obstacles is to interpose officers between the Thanadar and the magistrate, and arm them with judicial powers to try minor cases, leaving an appeal open to the magistrate, and to extend the final jurisdiction of the magistrate to a greater range of crimes, though it should involve the necessity of reducing the measure of punishment annexed to them.[15] Beccaria has justly observed that ’Crimes are more effectually prevented by the certainty than by the severity of punishment.  The certainty of a small punishment will make a stronger impression than the fear of one more severe, if attended with the hope of escaping; for it is the nature of mankind to be terrified at the approach of the smallest inevitable evil; whilst hope, the best gift of Heaven, has the power of dispelling the apprehensions of a greater, especially if supported by examples of impunity, which weakness or avarice too frequently affords.’

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Rambles and Recollections of an Indian Official from Project Gutenberg. Public domain.