C5

hapter
Administration of Justice in British
Settlements of the East India Company

A. British Settlement of Surat & Administration of Justice

(1613-1687)1
Surat was the first place where the English Company
established its factory in order to start its commercial activities
after defeating the Portuguese in 1612. The Company selected
Surat for carrying out its trade, as it was an important
commercial centre and enjoyed the status of an International port
under the reign of Mughul Emperor Jahangir.

To gain the favour and the protection from the Emperor,

King James I sent Sir Thomas Roe to him in 1615 as his
representative. The Emperor issued a ‘Firman’ granting certain
facilities to the English people to carry on their activities in a
hired house at Surat; to live according to the laws, religion and
customs of England and to be judged by their own laws in their
disputes. But a dispute arising between, Indian, and English was
to be decided by the local Indian Courts.

Administrative set-up of Surat Factory:

 A Governor or a President and Council who were
appointed by the Company administered the Factory.
1
Paranjape, N.V. Indian Legal And Constitutional History, Central Law Agency, Allahabad, 4th Edition
(1992), pp. 7-9.
 Administration of Justice in British Settlements of the East India Company

 In Surat Factory, the Company had its warehouses, offices

and residential quarters for its officers and servants.
 The affairs of the Company were regulated by majority
vote in the Council. The President had only right of one
vote and he did not enjoy any veto power.

Law and Justice in Surat Factory:

 The President and his Council had the power to administer
law and justice.
 The British people were governed by a dual system of
laws, namely:
a) In their own matters by the laws of England; and
b) In matters with Indians by the native laws of this
Country.
 There were no regular Courts for deciding the matters
between the English men among themselves.
 Through the Royal Grant of 1623, the Company was
authorized to grant commission to any of its President and
Council to try and punish the English men, their heir,
successors who were under the employment of the
Company.
 The President and Council could inflict death sentence
only in case of offence mutiny or felony after seeking the
verdict of a jury.
 They were also empowered to administer civil justice, but
they were non-legal persons so that they decided cases
according to their own notions of justice and fair play
though they were supposed to follow the English Law.
 The working of the native tribunals suffered from many
serious defects. Bribery and corruption was extensive and
the judicial officers were arbitrary in their decisions.

61
 Administration of Justice in British Settlements of the East India Company

 According to Dr. U.C Sarker, “during this time the

admistration of justice by the Mughal Emperor also was
very unsatisfactory particularly in cases which were not
adjudicated by the emperor themselves”.

In course of time, Surat lost its importance as a trading centre

and the Company considered Bombay more suitable for its
trading activities.

B. British Settlement at Madras & Adminstration of Justice

(1639-17260)2
On 22nd July Francis Day, an Englishman acquired a piece
of land from a Hindu Raja of Chandragiri for the East India
Company. It was known as Madraspatnam. There Francis Day
built the Fort St. George in 1640 for the Company’s factory and
also for the residence of English people employed in the service
of the Company. This Fort was later on known as “White Town”,
while the village nearby inhabited by native Indians was known
as “Black Town”. The two town together later came to be known
as Madras. Thus, Francis Day founded the whole city of Madras.

The administration of justice in Madras before 1726 can

conveniently be discussed under the following three stages.

First Stage (1639-1665)

1. The Charters and courts:
The judicial system that existed at this stage was conspicuous
by the absence of any systematic and regular administration of
justice. The only system that existed was.-

a) The Agent and his Council for the White Town; and

2
Kulshreshtha, V.D, Landmark in Indian Legal and Constitutional History, 9th Edition, Eastern Book
Company, 2009, pp. 43-52 & see also Paranjape, N.V. Indian Legal And Constitutional History, Central
Law Agency, Allahabad, 4th Edition (1992), pp. 9-14.

62
 Administration of Justice in British Settlements of the East India Company

b) The Choultry Court for the Black town.

a) The Agent and his Council for the White Town:

The Agent and his Council decided both civil and criminal cases.
Their judicial powers were not clearly defined which rendered
justice vague and uncertain. In complicated cases, a reference
was made to Company’s authorities in England.

b) The Choultry Court for the Black town:

 Prior to British Settlement Choultry Courts were
functioning for administering justice to the natives
residing in Madraspatnam.
 A native village Headman who was known as Adigar
headed each Choultry Court. He decided petty civil and
criminal cases and was also responsible for maintenance
of law and order.
 The Choultry Court also functioned as custom-house and
Registration office for sale of immovable properties.
 However, this Court was not empowered to decide
criminal cases of serious nature. Moreover, had to refer
them to the native Raja for executing punishment.

2. Charter of 1661:
 In 1661, Charles II granted a very important Charter. This
Charter empowered the Company to appoint a Governor
and Council in each of its settlements in India.

 The Governor and Council were authorize to judge all

persons belonging to the Company or living under them in
all causes, civil and criminal according to the laws of
England and to execute judgment in the respective
settlements.

63
 Administration of Justice in British Settlements of the East India Company

 Even the Indians who were residing in the Company’s

settlements were also included in the jurisdiction of the
Governor and Council.

3. The trial of Mrs. Ascentia Dawes:

 In 1665, the trial of Mrs. Ascentia Dawes proved to be a
truning point in Anglo-Indian history of India.

 This woman was accused of an offence of murdering her

slave. The case as usual referred to the Agent and Council
of Madras, who being uncertain about his competence to
try this case, referred it to the authorities in England.

 The Jury did not find Mrs. Dawes guilty and the Court
acquitted Mrs. Dawes.

Lackings:
 This case is also important for it was for the first time
that the Company’s administrators considered the
absence of legal expert in the administration of justice
most disastrous.

 None of the persons who handled this case was

familiar with the provisions of law and procedure.
Therefore, they had to face many practical difficulties
in deciding this case.

 As a result this, there was a general urge that judicial

administration should only be entrusted to persons who
were well versed in law and its technicalities.

64
 Administration of Justice in British Settlements of the East India Company

Second Stage (1678-1683)

1. Reorganization of judicial system:
The second stage of the evolution of judicial system in
Madras commences from 1678 when Streynsham Master became
the Governor of Madras. He reorganized the entire judicial
system of Madras and introduced reforms in the working of
Courts.

The High Court of Judicature:

 The Court of Governor and Council was designated as the
High Court of Judicature.

 It was clearly stated that the Court will meet twice a week
and will be authorized to decide all civil and criminal
cases with the help of a jury of 12 men.

The Choultry Court:

 The working of the Choultry Court was also reorganized.

 The Native law officers namely the Adigars were replaced

by the English Servants of the Company.

 The number of judges was increased to three 3 and all the

three were to sit as Judges in the Choultry Court twice a
week.

 They could decide cases up to 50 pagodas4 and the

Criminal cases of minor nature. An appeal from this Court
lay to the High Court of Judicature.

Third Stage (1686-1726)

3
Pay-master, Mint-master & Custom-master.
4
Pagoda was a gold coin equivalent to three rupees.

65
 Administration of Justice in British Settlements of the East India Company

The main features of this stage of judicial administration

were the establishment of Admiralty Court in Madras in 1686,
establishment of Corporation in 1687.

1. Admiralty Court:
 The Charter of 1683 empowered the Company to establish
Courts of Admiralty in India.
 Its main purpose was to try all traders committing various
crimes on the high seas.
 The Court was empowered to hear and determine all cases
concerning maritime and mercantile transactions.
 The Court was also authorized to deal with all cases of
forfeiture of ships, piracy, trespass, injuries and wrongs.
 The Court was to be guided by the laws and customs of
merchants as well as the rules of equity and good
conscience in administering justice.
 The proposed Court was established in Madras on 10 July
1686. The first judge of the Admiralty Court was John
Grey. Two other English people were appointed to assist
the Judge.
 In the year of 1687, a lawyer-member designated as Judge
Advocate was appointed to this Court.
 The Admiralty Court exercised a wide jurisdiction in all
cases: civil, criminal, maritime and mercantile.

2. Establishment of Madras Corporation-the Mayor’s

Court5:

5
For more details see Chapter 6 of this Book.

66
 Administration of Justice in British Settlements of the East India Company

Madras Corporation:
The East India Company at Madras set up a Corporation.
The Mayor’s Court was a part of the Corporation of Madras,
which established in 1688 by the Company’s Charter.

Composition of Corporation:
 Corporation consisted of 1 Mayor, 12 Aldermen and 60
more Burgesses.

Mayor Court:

Composition of Mayor’s Court:

 The Mayor and the Aldermen were to form Mayor’s
Court.
 It was court of record, which was authorized to try civil as
well as criminal cases.

Civil Jurisdiction of the Mayor’s Court: It could decide all

kinds of civil suits.

Criminal Jurisdiction of the Mayor’s Court: The Court could

award fine, imprisonment and corporal punishment including
death sentence.

Appeals:
Appeals from the decisions of the Mayor’s Court lay to
the Admiralty Court if the suit value exceeded 3 pagodas or Rs. 9
and in Criminal cases, all convicted persons got right to file
appeal at the Admiralty Court.

3. The Choultry Court:

 After the establishment of the Mayor’s Court the Choultry
Court lost its importance.

67
 Administration of Justice in British Settlements of the East India Company

 Its jurisdiction was limited only to petty criminal cases.

 It could impose only minor punishments of fine,
imprisonment and whipping. In civil matters, it could hear
the cases up to the value of two pagodas only.

Conclusion6:
The overall picture of the administration of justice in
Madras was not very good in these early stages. The system
suffered from many drawbacks. The most outstanding of them
are the following:
 The quality of administration of justice was crude. There
were no principles of substantive or procedural law to
govern the judicial proceedings.
 Capital punishment was awarded by hanging, though
natives were sometimes whipped to death.
 Punishment was in effect by sending the criminal either
St. Helena or Sumatra to work as labourer.
 Englishmen guilty of serious offences were being sent to
England. The Governor could pardon death sentence.
 Pirates and interlopers were awarded death penalty.
Robbery was punishable with death. For stealing
punishment was slavery.
 The modes of punishment were generally inhuman and
barbarous. They were based on the mixed idea of
deterrence and prevention.
 Conditions of imprisonment were horrible.
C. British Settlement at Bombay & Administration of Justice
(1668-1728)7
6
Love, Vestiges of Old Madras, Vol. II, pp.496-97, Rama Jois, Legal and Constitutional History of India,
Vol. II (1984) p.108. quoted in Kulshreshtha, V.D, Landmark in Indian Legal and Constitutional History,
9th Edition, Eastern Book Company, 2009, pp. 51-52.

7
Kulshreshtha, V.D, Landmark in Indian Legal and Constitutional History, 9th Edition, Eastern Book
Company, 2009, pp. 52-59, see also Paranjape, N.V. Indian Legal And Constitutional History, Central
Law Agency, Allahabad, 4th Edition (1992), pp. 14-18.

68
 Administration of Justice in British Settlements of the East India Company

In 1534, Portuguese captured the Island of Bombay,

which was under the rule of Gujrat King Sultan Bahadurshah.
The Portuguese King Alfonsus VI gave Bombay to the British
King Charles II as dowry on the marriage of his sister Princes
Catherine with Charles II. However, King Charles II found it
inconvenient to exercise control over this small territory from
England. Therefore, he transferred it to the British Company in
India for a petty annual rent of £10 by the Charter of 1668.

The administration of justice in Bombay before 1726 can

conveniently be discussed under the following three stages.

First Stage

1. The Charter of 1668:

 The Charter of 1668 was a step which assisted the
transition of the trading body into a territorial power.

 By this Charter the Company was authorized to make

bye-laws, orders, ordinances and constitutions for the
good government of the Island of Bombay.

 It was specifically provided that such laws and

regulations should not be repugnant or contrary to the
laws of England.

 The Charter also empowered the Company to establish

Courts of judicatures similar to those established in
England for the proper administration of justice.

 The Company was empowered to impose punishments

by way of fine, imprisonment and could even death
sentence.8

8
Keith A.B: A Constitutional History of India (1937), p. 10.

69
 Administration of Justice in British Settlements of the East India Company

2. Judicial Reforms of 1670:

The first important legislative work of the Company
was done by Gerald Aungier in 1670. He reorganized the
old judicial set-up of Bombay.

i. Court of Judicature:
According to the reforms of 1670, the Island of
Bombay was divided into two divisions9. A separate Court
of Judicature was established for each division at Bombay.

Composition:
 Each Court consisted of five judges. The
customs officer of each division was the
President of the Court.

 Some of the judges in these Courts were

Indians. Three judges formed the quorum of the
Court.

Jurisdictions of this Court:

 This court was authorized to hear, try and
determine cases of small thefts and all civil
actions up to 200 Xeraphins10 in value.

 Appeal against the judgment of this Court could

be filed in the Court of Deputy Governor and
Council.

ii. The Court of Deputy Governor and Council:

 It worked as a superior Court having both
original and appellate jurisdiction in all civil
and criminal cases.

9
One division comprised Bombay, Mazagaon and Girgaon. Other division comprised of Mahim, Parel,
Sion and Worli.
10
It was a Portuguese coin. 20 Xeraphins were equal to nearly Rs. 150.

70
 Administration of Justice in British Settlements of the East India Company

 In civil cases, it had jurisdiction to entertain

matters of the value exceeding 200 Xeraphins.

 Offences of serious nature like felony was tried

by this Court with the help of jury. Englishmen
were also under the jurisdiction of this Court.

 An appeal against the judgment of this Court

could be filed to the Governor and Council of
Surat.

It was realized within next two years the judicial system

of 1670 was defective in various respects. Aungier selected
Gerorge Wilcox with whose advice he prepared a new plan in
1672 for the administration of justice in Bombay.

3. Judicial Plan of 1672:

On 1st August 1672, a governmental proclamation was
made. By this proclamation, the existing Portuguese law in the
Bombay was completely abolished and replaced by the English
law. From then the English law became the law of the Bombay in
all matters. Under this proclamation, a new judicial system was
also established under which three types of Courts were created.

i. Court of Judicature:
A Court of Judicature was established with Wilcox as its
judge. It had jurisdiction to hear and try all civil and criminal
cases. The Court also had jurisdiction in matters of probate
and testaments.

Civil Jurisdiction:
 For civil matters, the Court sat once a week. All the
cases were decided with the help of jury.

71
 Administration of Justice in British Settlements of the East India Company

 A court-fee at the rate of 5% was also imposed in civil

cases.

Criminal Jurisdiction:
 For deciding criminal cases, the Court used to sit once
in a month.

Justice of Peace:
 For the purpose of criminal administration of justice,
Bombay was divided into four divisions11.

 For each division on Justice of Peace was appointed

who worked as a committing magistrate. The Justice of
Peace was to be an English man.

 He had power to apprehend the offender and hold

inquiry and conduct preliminary investigations. He
also examined witnesses.

 After preliminary inquiry, the Justice of Peace was to

send the record to the Court of Judicature where the
case was tried with the help of jury.

ii. Court of Conscience:

 A Court of Conscience was also established which
functioned under the Court of Judicature.

 It decided petty civil cases of a value of less than 20

Xeraphins.

 There was no provision for any court-fee. This Court

did not have any jury. The Court sat once a week. The
trials in the Court were summary so that speedy justice
could be available to the poor litigants.

11
Bombay, Mahim, Mazagaon and Sion.

72
 Administration of Justice in British Settlements of the East India Company

iii. Court of Appeals:

 The Deputy Governor and Council functioned as Court
of Appeal. They heard appeals against the judgment of
the Court of judicature in all matters.

iv. Panchayats:
 In 1672, Panchayats were re-organized.

 They were authorized to decide cases against the

persons of their own castes, who mutually agreed to
submit their disputes to arbitration; otherwise, the
disputes had to be brought to the Court of Judicature
for adjudication.

 The Panchayats were also to report the offenders to the

Justice of Peace of the region, with a statement of
crimes so that the guilty could be punished.

This system of administration of justice continued until

December 1683 when it ceased to function due to Keigwin’s
rebellion. The Island of Bombay remained under the control of
rebels for about a year and it finally came back to the English
Company in November 1684.

Second Stage

1. Admiralty Court in Bombay:

 An Admiralty Court was established in Bombay in 1684
under the Charter of 1683 issued by the British King
Charles II.

 The functioning of the Court was similar to that of the

Admiralty Court at Madras. It decided civil and criminal
cases besides the usual admiralty and maritime disputes in
accordance with the rules of equity and good conscience.

73
 Administration of Justice in British Settlements of the East India Company

 Dr. John a person learned in civil law was selected by the

Company at England to be appointed as Judge-Advocate
of the Admiralty Court.

 He also succeeded in getting authority from the Governor

to act as Chief Justice of the Court of Judicature.

2. Conflict between Admiralty Court and Governor and

Council:
 Dr. John came into direct conflict with John Child the
President of Surat Factory.

 The reasons were obvious Dr. John wanted the

independence of the judiciary and the executive
authorities tries to establish their superiority and
considered subservient to it.

 Due to conflicts between Dr. John and John Child, the

President John Child finally dismissed Dr. John in 1687.

3. Siddi Yakub’s invasion:

 In 1690, one Siddi Yakub, admiral of the Mughal
Emperor, attacked the island of Bombay and captured it.

 It remained under his occupation till 1718. Nothing is

known about the judicial system, which existed on the
island during Siddi’s occupation.

 The machinery to administer justice was almost paralyzed

in Bombay. Thus, the period from 1690-1718 is a dark
period in Bombay’s legal history.

Third Stage

74
 Administration of Justice in British Settlements of the East India Company

After gap of about 30 years, the English Judicial System in

Bombay revived again with the establishment of a Court of
Judicature on March 25, 1718 by Governor Charles Boone.

1. Court of Judicature:
 This Court consisted of an English Chief Justice and nine
other Judges.

 It was specially provided that the Chief Justice and five

judges will be English. The remaining four were required
to be Indians, representing Hindus, Muslims, Portuguese
Christians and Parsis.

 The Indian Judges did not enjoy the same status as

English Judges and they were called the ‘Black Judges’.
The Indian Judges worked as assessors and enlightened
the English Judges on customs, usages and traditions of
the natives.

 The Court had jurisdiction in all criminal and civil

matters.

 In the administration of justice, the Court applied the

principles of equity and good conscience and rules made
by the Company from time to time.

 It also worked as a Registration House. It had jurisdictions

in the matters of probates and testaments. The Court held
its sitting once a week.

 An appeal from the Court of Judicature was allowed to the

Court of Governor and Council in cases where the amount
involved was Rs. 100 or more.

Defects of the Court of Judicature:

75
 Administration of Justice in British Settlements of the East India Company

 The Judges could participate in cases in which their own

interests were involved. This was a gross violation of the
basic principles of natural justice, which says that “no one
can be judge in his own cause”.

 Some of the members of the Council who acted as Judges

in the Court of Judicature also heard appeals from these
very decisions in the capacity of the members of the Court
of the Governor and Council.

 Uncertainty of law and procedure under the judicial

system of 1718 resulted into grave injustice which is
evident from the trial of Rama Kamati.12

2. Rama Kamati Case:

 Rama Kamati was a wealthy Hindu of Bombay who was
arrested on a charge of communicating with dacoit Angira
through letters.

 The only evidence available in the case was the hearsay

evidence of a dancer girl, who told the Court that Angira
himself had told her that Rama Kamati had written to him.

 Rama Kamati was sentenced to perpetual imprisonment

and his property was confiscated.

 It is said that all this was done at the behest of Governor

Boone who had conspired and framed fictitious charge
against the accused. The case was decided under Boone’s
supervision who himself had set up a claim of over Rs.
32,000/- against Rama Kamati and thus took possession of
his property.

12
Fawcett, The First Century of British Justice in India, p. 179

76
 Administration of Justice in British Settlements of the East India Company

After Rama Kamati’s death the truth was out that he was
innocent. The whole trial was a plot, evidence was concocted
and Governor Boone was behind the misuse of power and
such an inhuman and atrocious act.
Rama Kamati’s case shows the dark side of the system of
law and justice in Bombay.13
Rama Jois puts that “there was no substantive law to be
enforced and no procedural law to be followed. The whole
system was capricious and arbitrary”.14

D. British Settlement at Calcutta & Administration of Justice

(1690-1727)15

1. Grant of Zamindari rights to the Company:

 Job Charnock, a servant of the company, laid the
foundation of the British settlement in Calcutta, on 24
August 1690.

 It began with the establishment of a factory at Sutanati on

the banks of river Hugli. There a fort was built which was
named as Fort William.

 Eight years after, in 1698 the East India Company

obtained the zamindari rights of three adjacent villages of
Calcutta, Sutanati and Govindpur from the Prince Azim-
us-Shan, Subedar of Bengal and grandson of Aurangzeb.

13
Jain, M.P. Outlines of Indian Legal History, Wadha and Company, New Delhi, 5th Edition (1990),
Reprint 2003, p. 30.
14
Rama Jois, Legal and Constitutional History of India, Vol. II (1984) pp. 111-112.
15
Kulshreshtha, V.D, Landmark in Indian Legal and Constitutional History, 9th Edition, Eastern Book
Company, 2009, pp. 60-62, see also Paranjape, N.V. Indian Legal And Constitutional History, Central
Law Agency, Allahabad, 4th Edition (1992), pp. 19,20.

77
 Administration of Justice in British Settlements of the East India Company

 The Company took full advantage of this authority and

appointed a Collector to control the administration of all
the three villages.

 The Collector began regularly to hold Zamindari Court for

both civil and criminal cases.

 In 1699, Calcutta was declared a Presidency and a

Governor and Council were appointed to administer this
settlement and the factory came to be known as the factory
of Fort William.

 Thus, the Company secured for itself a legal and

constitutional status to exercise administrative jurisdiction
over the natives residing in this territory.

2. Administration of Justice in Calcutta:

During Mughal period each Zamindar held a Court called
‘Cutcherry’ to decide civil cases.
Company as Zamindar appointed an English member of the
Governor’s Council as ‘Collector’ in 1700. He was also given
civil, criminal and revenue powers to decide disputes within
his jurisdiction.

Justice in civil cases:

 The Collector decided civil cases in his court called the
‘Cutcherry’.
 The cases were decided in a summary manner
according to the customs and usages of the native
inhabitants, and in their absence, according to equity
and good conscience.
 Appeals from the ‘Cutcherry’ lay to the Governor and
Council.

78
 Administration of Justice in British Settlements of the East India Company

Justice in revenue matters:

 The Collector in the capacity of a Zamindar was also
responsible for the collection of land revenue from
natives of three villages.

 Whipping was the most common punishment given by

the Collector for the defaulters of revenue.

 Appeals were made to the Governor and Council.

Justice in criminal cases:

 A Faujdari Adalat was established to decide criminal
cases of the natives of three villages.

 The Adalat presided over by an English Collector. He

was empowered to decide the criminal cases
summarily.

 Criminals were punished by whipping, imposing fines,

imprisonment, banishment or work on the roads. Death
sentence could be inflicted subject to the confirmation
of the Governor and Council. The Collector normally
executed the punishments as soon as it was awarded.

 Where Englishmen committed offence, the Collector

could take cognizance of only petty crimes and
misdemenours committed by them and serious
offences could be tried by the Governor and Council.16

3. Wide power of the Company as Zamindar:

 The Company as a Zamindar exercises much wider
powers than those of the local native Zamindars. The

16
W.K Firmnger, Affairs of the East India Company, Report V, Vol. I, p. LXX.

79
 Administration of Justice in British Settlements of the East India Company

reason was that an appeal from the Collector’s Court

was not to be taken Nawab’s Court rather appeals lay
to the Governor and Council.

 It has been said that the authority given to the

Collector was very extensive, and “too great a trust
was reposed in a single individual”.

 However, this system continued till 1727 when a

Mayor’s Court under the Royal Charter of 1726 was
established at Fort William.

4. Distinctive features introduced by the East India

Company in Calcutta in 1700:

The judicial scheme introduced by the East India

Company in Calcutta in 1700 had two distinctive features,
namely:

i. The English Collector inflicted death sentence, which

did not need the confirmation from the Mughal Nawab
of the Murshidabad, but instead, it needed the
approval of the Governor and Council of Calcutta.

ii. All the appeals from the Collector’s Court lay to the
Governor and Council at Calcutta and not to the
Nawabs Court at Murshidabad as was the case with
the native Zamindar’s Court.

80