1473
King Kong...
Jo 289. D.ffa December, 1873.
For arthur Kennedy,
Ke M. G., C. B.
b
The Right Honorable
The Park of Kimberley
Ordinance No2 18 of 1873 -
"for the Oral Examination "of Prisoners"-
Transmits Copy of Majesty's Confirmatim._
Copy of - for Ster
Statement of Objects and Reasons.
This Ordinance, which is a modification of that which was passed as Ordinance No. 3 of 1872, is introduced at the sugges- tion of the Secretary of State. Its provisions, which are taken as nearly verbatim as circumstances would permit from the Indian Code of Criminal Procedure (Act No. X of 1872), do not differ in principle from those of the original Ordinance. The practice of interrogating accused persons has long been in force in India, and as the present Code of Criminal Procedure re- enacts with certain modifications, the provisions on this subject contained in the original Act of 1867, no doubt experience proves it to have worked well there, and there certainly seem to be no objections to the introduction of the system here, which would not apply with equal force to India, where it has been tried and approved.
The opinion is daily gaining ground that the existing procedure bears oppressively upon the accused, if innocent, and is too favor- able to him, if guilty. Under it a most direct and sirople way of arriving at the truth of a case is neglected, while an interrogation of the accused, where properly conducted, and confined to the charges before the Court, would tend to assist materially not only in the detection of erime, but in no less degree in the protection of innocent persons who have been wrongfully charged with any offence.
TROS. C. HAYLLAR, Acting Attorney General,
(2 Sudsures.)
561
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