ADMINISTRATION OF JUSTICE AT BOMBAY

BACKGROUND

1. Portuguese were the first to come to India. Vasco-Da- Gama was the first European to
discover the route to India in 1498.
2. The Portuguese were the first to acquire a territory in India. The island of Bombay was
acquired by them in 1534 from the King of Gujarat Sultan Bahadur.
3. In 1661, the Portuguese King Alfonsus VI transferred the island to Charles II, as dowry
on the marriage of his sister Princes Catherine with the British King.
4. At that time, Bombay was a small and poor place, a fishing village having a population of
merely 10000.
5. The British King Charles II found that governing the territory of Bombay was
uneconomic. Therefore, he transferred it to the East India Company in 1668 for an
insignificant annual rent of £ 10.

The administration of justice at Bombay from 1668 to 1726 may be divided into three
parts –
A. The period between 1668 and 1683
B. The period between 1683 and 1690
C. The period between 1690 and 1726

A. THE PERIOD BETWEEN 1668 AND 1683

During this period, judicial reforms were made in two stages i.e. Charter of 1668 and
Judicial Plan of 1672.

Charter of 1668
1. For the purpose of administration Deputy Governor and Council was appointed in
Bombay and it was put under the control and supervision of Governor and Council at
Surat.
2. Bombay was divided in 2 divisions. In each division a Court consisting of 5 judges was
started.
3. The custom officer of each division, who was an Englishman, was to be president of the
respective court.
4. Quorum of the court was three.
5. Jurisdiction:The court was to decide the matters of small thefts and civil actions up to
200 xeraphins (nearly 150 rupees).
6. The court was required to keep a register of its proceedings and deliver its copies
quarterly to Deputy Governor and Council.
7. Deputy Governor and Council were to constitute a superior court. It was to hear appeals
from divisional courts where matter was above 200 xeraphins. Also, it was to try capital
and criminal cases. (Thus, the court of Deputy Governor and Council had original as well
as appellate jurisdiction).
8. Criticism: a) Traders were judges, b) Judges had no knowledge of law and c) Judges
were not given any salary.

Judicial Plan of 1772 1672

1. As Bombay was under the control of Portuguese for a long time, Portuguese customs and
laws transmitted there. Charter of 1668 provided for application of English law but did not
formally abolish Portuguese laws. This was done by the judicial plan of 1772. 1672
2. A court with a qualified judge was established. George Wilcox was appointed as judge of
this court.
3. Bombay was divided in four parts. Justices of Peace were appointed in each part. They
were to be Englishmen.
4. Sitting: a) Once in a week for civil cases and b) Once in a month for criminal cases.
5. In criminal cases, there were two stages
a) Committal by Justices of Peace after preliminary inquiry
b) Actual trial by the court with the help of jury.
6. Court fee: Court fee was 5% of the matter decided.
7. A Plaintiff worth less than 60 xerephins could sue as a pauper. [person very poor]
8. Court of Conscience: An additional court, Court of Conscience was started to decide petty
civil matters up to 20 xeraphins. It was to sit once a week. No court fee was charged.
9. Judge was debarred from engaging in any trade and he was put on annual salary of Rs.
2000.
10. This system was put to an end due to Keigwin’s rebellion on the island of Bombay.

B. THE PERIOD (1683 to 1690)

1. As per the provisions of Charter of 1683, Admiralty Court was established at Bombay in
1684.
2. Jurisdiction of Admiralty Court:
(a) All civil, criminal cases in addition to the admiralty and maritime cases. (Reason: all
other courts had put to an end due to the rebellion).
(b) A person learned in law was appointed as a judge in this court.
(c) It was an independent court and criminal cases were to be decided cases with the help
of jury.
(d) It was to applied English law for deciding cases.
3. In 1690. Bombay was attacked by Moghul Admiral Siddhi and judicial system at Bombay
came to an end. This position last for further 28 years.

C. THE PERIOD (1718 to 1726)

1. After the gap of around 30 years, court appeared again on March 25, 1718.
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2. Court was to consist 9 judges – (5 British + 5 Indian). Indian judges were to be selected so
as to represent various communities i.e. Hindu, Muslim, Portuguese, Christian and Parsi.
3. The court was to decide all cases – Civil, criminal and testamentary. The Court was to
function in session.
4. Application of law: Caste customs, Company’s Orders and English law was to be used in
deciding the cases.
5. Inequality amongst judges: There was inequality between English and Indian judges. In
every court proceeding, English judges were individually mentioned by their name whereas
Indian judges were mentioned collectively as ‘Black Judges’.
Indian judges were supposed to help and assist the English judges in understanding the local
customs.
6. Court of 1718 did not use jury.
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