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Ranabir Samaddar

In: Challenging the Rule(s) of Law: Colonialism, Criminology and Human Rights in India

Chapter 15: Crimes, Passion and Detachment: Colonial Foundations of Rule of Law

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Crimes, Passion and Detachment: Colonial Foundations of Rule of Law
Crimes, passion and detachment: Colonial foundations of rule of law
RanabirSamaddar
I
  • A desires a Court to give judgement that B shall be punished for a crime which A says B has committed.

A must prove that B has committed a crime.

  • A desires a Court to give judgement that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies to be true.

A must prove the existence of those facts.1

These seemingly simple, self-evident, and extraordinarily mischievous lines were among the formulations that laid the ground of rational rule by the colonial authorities in India. They are appended at the end of Section 101 of the Indian ...

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