INDIAN COUNCILS ACT, 1871 INDIAN COUNCILS ACT, 1871 [Act, No. 34 of 1871] [29th
June, 1871] An Act to extend in certain respects the power of
Local Legislatures in India as regards European British subjects. No
law or regulation heretofore made or hereafter to be made by any Governor or
Lieutenant-Governor in Council in India in manner prescribed by the aforesaid
Act shall be invalid only by reason that it confers on magistrates, being
justices of the peace, the same jurisdiction over European British subjects as
such Governor or Lieutenant-Governor in Council, by regulations made as
aforesaid, could have lawfully conferred or could lawfully confer on
magistrates in the exercise of authority over natives in the like cases. When
evidence has been given in any proceeding under this Act before a magistrate,
being a Justice of the peace, which appears to be sufficient for the conviction
of the accused person, being an European British subject, of an offence for
which, if a native, he would under existing law be triable exclusively before
the Court of Session, or which, in the opinion of the Magistrate, is one which
ought to be tried by the High Court, the accused person, if such European
British subject, shall be sent for trial by the Magistrate before the High
Court. And
whereas by an Act passed by the Governor General of India in Council, Indian
Act No. 22 of 1870, it is provided that certain Acts heretofore passed by the
Governors of Madras and Bombay respectively in Council, and. by the
Lieutenant-Governor of Bengal in Council, shall, so far as regards the
liability of European British subjects to be convicted and punished there
under, be and be deemed to be as valid as if they had been passed by the
Governor General of India in Council at a meeting for the purpose of making
laws and regulations: Be it further enacted, that the said Governors and
Lieutenant-Governor in Council respectively shall have power to repeal and
amend any of the said Acts so declared valid, any Acts to be passed under the
provisions of the Indian Councils Act.
Preamble 1 - INDIAN COUNCILS ACT, 1871 PREAMBLE