Nothing could demonstrate more conclusively how utterly out of touch with the people the Courts are, how useless in preventing crime, than the fact that every year Government in despair prosecutes, and either holds to heavy security, or sends to gaol with hard labour for from six months to two years (mainly two years), over two thousand persons who are not only not convicted of any offence, but are not accused of any offence. The exact number in 1910 was 2143.
This is done under the Preventive sections of the Criminal Procedure Code, and anything more unjust, more useless, more provocative of crime than this misuse of the sections it is impossible to imagine. The legitimate use of these preventive sections is simple enough. They are to meet the case of the police hearing that a crime, say a robbery, is being planned, and that to prevent its occurring, the would-be criminals may be called on by a magistrate to find security to be of good behaviour.
But such cases are rare and the sections are misused. There are general circulars in force obliging magistrates and police to use these sections to their utmost. When officers are on tour they are enjoined to demand at each village they visit if there are any idle or doubtful characters about, and if so, to prosecute them. Pressure is brought to bear on headmen to produce such characters, and they do produce—everyone they have reason to dislike.
The evidence is all hearsay. Here is a summary:
Question by Police: Do you know Accused?
Answer by Headman: Yes.
Q. What sort of character has he?
Ans. A bad character.
Q. What sort of bad character?
Ans. Well, when B.'s headcloth was missing last year, Accused was supposed to have taken it.