Raja Nand Kumar Case Critical Analysis

(Author- Ayush Dhanraj Gupta)

Abstract:

The Raja Nand Kumar case involved a prominent figure in colonial Bengal accused of
forgery and bribery. The trial's fairness and legality have been disputed. Some argue it was a
judicial murder, while others contend it was legally valid. The key issue revolves around
whether the Forgery Act of 1728 applied to Calcutta, where the trial took place. Questions
also arose about the jurisdiction of the Supreme Court over Nand Kumar, who was detained
as a prisoner in Calcutta. The trial's conduct raised concerns, given Impey's close ties to
Hastings and the refusal to consider appeals or show mercy. This suggests potential bias
against Nand Kumar, adding complexity to the case. The Raja Nand Kumar case, while not a
judicial murder, signifies a miscarriage of justice. The proceedings were marked by potential
bias and legal uncertainties, challenging the ideals of an independent judiciary and rule of
law. Nand Kumar's fate serves as a reminder of the potential for injustice within legal
systems, even in the pursuit of noble principles.

Keywords: Keywords:

Raja Nand Kumar Case, Warren Hastings, Clive's period, Black Colonel, East India
Company, Councilors (Barewell, Francis, Clavering, Monson), Bribery and Corruption
charges, Supreme Court (Calcutta), Forgery Act 1728, Chief Justice Impey, Jurisdiction of
Supreme Court, Fairness of trial, Predetermination, Miscarriage of Justice, Rule of law,
Independent judiciary, Death penalty, Privy Council, British Crown, B.N. Pandey (historian),
Radha Charan case, Macaulay (historian), Ex post facto law, Predetermination

Summary of Trial:

Nand Kumar, a Brahmin was a big Zamindar and very influential person in Bengal. He very
loyal to East India Company during Clive’s period and also named or was called as “Black
Colonel”. Coming toward Warren Hastings, his council was divided into two groups. In one
the Governor-General Hastings and Councilor Barewell and in another were Councilors viz.
Francis, Clavering and Monson this group was against of Warren Hastings in every decision
as they had the majority. One day Raja Nand Kumar was encouraged by the majority

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councilors to bring certain charges of Bribery and Corruption against Warren Hastings before
council.1

In March 1775, Raja Nand Kumar gave letter to Francis and in letter Nand Kumar stated that
Warren Hastings has accepted bribe of rupees one lakh or more for the appointment of his
son that is Gurudas as a Diwan, and also from Munni begum rupees one lakh fifty thousand
for appointing her as a guardian of infant Nawab. The letter presented by Francis and motion
passed by Monson, Raja Nand Kumar was called before the council but Warren Hastings and
his supporter Barewell opposed it by saying the council is not competent enough so Nand
Kumar should go to Supreme Court. But the majority examined the case and Raja Nand
Kumar and declared that the charges leveled on Hastings are true and directed Hastings to
deposit rupees 354,105 which was accepted by him from Nand Kumar and Munni Begum in
the company’s treasury. This event annoyed Warren Hastings and he began to hate Nand
Kumar.

And Soon after Nand Kumar was prosecuted by Warren Hastings and Barewell for
conspiracy against them. This event indicated that this step was taken by Hastings with
retaliation motive to ruin Nand Kumar. It was difficult to prove conspiracy so Hastings
brought another charge of Forgery against Nand Kumar. In May 1775, the charge of forgery
against Nand Kumar was presented before Supreme Court by Mohan Prasad but the real
mover was Warren Hastings. The charge was that in 1770 Nand Kumar forged the bond.
Thus Nand Kumar was tired before Supreme Court with the help of jury that found him guilty
and sentenced him Death penalty under an Act passed by British Parliament in 1728.2

Several attempts were made to save Raja Nand Kumar the application was presented before
Supreme Court to allow appeal to King in Council but the application was rejected by SC.
Another application was also presented before SC to recommend Mercy before British Crown
but SC refused to forward it. Ultimately Raja Nand Kumar was hanged on 5th August 1775.

1 Sharma, N., 2022. India's First Judicial Murder during British Colonization. Issue 3 Indian JL & Legal
Rsch., 4, p.1.

2
India, E.-J. (2021) Justice india, E-Justice. Available at : https://www.ejusticeindia.com/case-summary-raja-
nand-kumar-case/

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Critical Analysis:

We will deal this Case with Four Questions are as follows,

1. Was it a Judicial Murder?

The legality, validity and fairness of the trial have been a debatable issue. Some of historians
have criticized that in the trial there was some conspiracy between Hastings and Chief Justice
Impey to put Nand Kumar to death and therefore it was a judicial murder. But the learned
author B.N. Pandey has tried to prove that the trial was legal, valid and fair and was no
conspiracy between Governor General and Chief Justice in his book.

So here the another argument arise that

2. Whether the Forgery Act 1728 was extended to Calcutta?

According to Chief Justice Impey the English law was introduced in India by the charter of
1726 and thereafter by charter of 1735. The Forgery Act of 1728 which was enacted before
1753 was thus applicable to Calcutta. Even before the establishment of Supreme Court the
Act of Forgery was administered in India by the English Courts. For e.g. In Radha Charan
case he was prosecuted for the charge of forgery and was sentenced a death penalty, although
the sentence was not executed because Court of Directors granted pardon thus the forgery act
was applied to India even before Nand Kumar case.

However there is also a other side to it which say’s The Forgery Act 1728 was not extended
to Calcutta. The trial was not legal and fair; many historians have agreed with this view and
rejected Impey’s opinion. Another Chief Justice in 1802 held that English Law introduced in
Presidency Town with the charter of 1726 and not with the charter of 1753 and therefore
Forgery Act was not applicable to Calcutta and even after Nand Kumar no Indian was tired
and convicted under it. The Forgery Act of 1728 was not formally promulgated in Calcutta
and was not known to the natives including Nand Kumar and therefore it was illegal and
unfair the same view was of Macaulay. No doubt, Ignorance of law is no excuse but this is
applied only when the law is formally published in the country.

*Point to be noted is that Nand Kumar was convicted under ex post facto law; The offence of
forgery was alleged to have been committed in 1770 much before the establishment of the
Supreme Court in 1774, which was against the spirit of the English law and universally
acknowledged principles.

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 3. Whether Raja Nand Kumar was under the Jurisdiction of Supreme Court?

The Jurisdiction of the Supreme Court was over all inhabitants of Calcutta including
Europeans and Englishmen and Natives. So. If Raja Nand Kumar was an inhabitant of
Calcutta the SC had jurisdiction over him. According to Justice Impey Nand Kumar was
inhabitant of Calcutta but the view of Impey was not right. At the commission of forgery he
was not the resident of Calcutta he was brought and detained in Calcutta as a prisoner. Hence
he was not under the jurisdiction of Supreme Court. Beside this the alleged offence was
committed in 1770 before the establishment of SC in 1774 so it was not in the jurisdiction of
Supreme Court.

4. Whether the trial was fair and justified?

The fairness and the impartiality of the Justice Impey has been doubtful where the witness of
Raja Nand Kumar were cross-examined by all the judges of the Supreme Court the language
used by them and procedure used by them was unknown to the Indian witness which resulted
in collapse of Nand Kumar’s defense. After that an application was presented to appeal in
King in council but was denied by Supreme Court another application of Mercy to British
Crown was also denied by Supreme Court this shows that the Chief Justice Impey was
predetermined to put Nand Kumar to death and therefore refused to listen any plea.

*Impey was a school friend of Hastings so according to certain historians the friendship
between them led to conclusion that Impey put Nand Kumar urgently to death to gratify
Hastings who was his school friend. To take the revenge of bribery charge Hastings
considered him his personal enemy and with the help and cooperation of his school friend he
tried and convicted Nand Kumar.

Conclusion:

After the trial review we find that majority historians were against to the fairness and legality
of the trial. The fact that everybody is equal before the law and the court is independent and
not under the control of executive Impey was not in favour of showing mercy to Nand Kumar
and consequently not in the favour of granting him leave to appeal in Privy Council or in the
favour of recommending his case for mercy to Crown. This proves that there was some sort
of predetermination or motive to punish Nand Kumar and if there was some predetermination
then the trial was unfair. It is correct that Impey was to establish independent judiciary and
rule of law in India but it was also correct that he himself does not follow rule of law in Nand

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Kumar case and acted with predetermination or motive to punish him and his act cannot be
justified if was not to gratify Hastings and to develop rule of law and independent judiciary.
We may conclude that it was not a Judicial Murder but it was Miscarriage of Justice.
Meaning when innocent person being punished or a guilty person being free due to error
made in court

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Reference:

A. Rai Kailash. History of Courts Legislature & Legal Profession in India. Allahabad
Law Agency 1985.
B. Britannica, The Editors of Encyclopaedia. "Regulating Act". Encyclopedia Britannica,
29 Dec. 2010, https://www.britannica.com/topic/Regulating-Act.
C. Sharma, N., 2022. India's First Judicial Murder during British Colonization. Issue 3
Indian JL & Legal Rsch..

D. India, E.-J. (2021) Justice india, E-Justice. Available at :

https://www.ejusticeindia.com/case-summary-raja-nand-kumar-case/
E. Britannica, The Editors of Encyclopaedia. "Nand Kumar". Encyclopedia Britannica, 1
Aug. 2023, https://www.britannica.com/biography/Nand-Kumar.

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