The punishments inflicted at this date were on the whole almost as barbarous as those in vogue in earlier days. In 1799, for example, we read of a Borah, Ismail Sheikh, being hanged for theft: in 1804 a woman was sentenced to five years’ imprisonment for perjury, during which period she was to stand once a year, on the first day of the October Sessions, in the pillory in front of the Court House (afterwards the Great Western Hotel), with labels on her breast and back describing her crime: and in the same year one Harjivan was sentenced to be executed and hung in chains, presumably on Cross Island (Chinal Tekri), where the bodies of malefactors were usually exposed at this epoch. One James Pennico, who was convicted of theft in 1804, escaped lightly with three months’ imprisonment and a public whipping at the cart’s tail from Apollo Gate to Bazaar Gate; in 1806 a man who stole a watch was sentenced to two years’ labour in the Bombay Docks.[45] The public pillory and flogging were punishments constantly inflicted during the early years of the nineteenth century. The pillory, which was in charge of the Deputy of Police, was located on the Esplanade in the neighbourhood of the site now occupied by the Municipal Offices. The last instance of its use occurred in 1834, when two Hindus were fastened in it by sentence of the Supreme Court and were pelted by boys for about an hour with a mixture composed of red earth, cowdung, decayed fruits and bad eggs. At intervals their faces were washed by two low-caste Hindus, and the pelting of filth was then resumed to the sound of a fanfaronade of horns blown by the Bhandaris attached to the Court.[46] Meanwhile the English doctrine of the equality of all men before the law was gradually being established, though the earliest instance of a Brahman being executed for a crime of violence did not occur until 1846. The case caused considerable excitement among orthodox Hindus, whose views were based wholly upon the laws of Manu.[47]

The early “thirties” were remarkable for much crime and for a serious public disturbance, the Parsi-Hindu riots, which broke out in July, 1832, in consequence of a Government order for the destruction of pariah-dogs, which at this date infested every part of the Island. Two European constables, stimulated by the reward of eight annas for every dog destroyed, were killing one in the proximity of a house, when they were attacked and severely handled by a mob composed of Parsis and Hindus of several sects. On the following day all the shops in the Town were closed, and a mob of about 300 roughs commenced to intimidate all persons who attempted to carry out their daily business. The bazar was deserted; and the mob forcibly destroyed the provisions intended for the Queen’s Royals, who were on duty in the Castle, and stopped all supplies of food and water for the residents of Colaba and the shipping in the harbour. As the mob continued to gather strength, Mr. de Vitré, the Senior Magistrate of Police, called for assistance from the garrison, which quickly quelled the disturbance.[48]

The Press of this date recorded constant cases of burglary and dacoity. “The utmost anxiety and alarm prevail amongst the inhabitants of this Island, especially those residing in Girgaum, Mazagon, Byculla and the neighbourhood, in consequence of the depredations and daring outrages committed by gangs of robbers armed with swords, pistols and even musquets, who, from the open and fearless manner in which they proceed along the streets, sometimes carrying torches with them, seem to dread neither opposition nor detection, and to defy the police.” It was even said that sepoys of the 4th Regiment of Native Infantry, then stationed in the Island, joined these gangs of marauders, and when two men of the 11th Regiment were arrested on suspicion by a magistrate, their comrades stoned the magistrate’s party. “It would be far better that the Island should be vacated altogether by the sepoy regiments,” said the Courier, “than that it should be exposed repeatedly to these excesses.” Fifty men of the Poona Auxiliary Force had to be brought down to aid the police and to patrol the roads at night.[49]

According to Mrs. Postans, the police administration had improved and robberies had become less frequent at the date of her visit, 1838. “The establishment of an efficient police force,” she writes, “is one of the great modern improvements of the Presidency. Puggees (Pagis i.e. professional trackers) are still retained for the protection of property: but the highways and bazaars are now orderly and quiet, and robberies much less frequent.”[50] The authoress admitted, however, that the Esplanade—particularly the portion of it occupied by the tents of military cadets—was the resort of “a clique of dexterous plunderers,” who during the night used to cast long hooks into the tents and so withdraw all the loose articles and personal effects within reach.[51] The prevalence of more serious crime is indicated by her remarks about the Bhandari toddy-drawers:—

“It appears that in many cases of crime brought to the notice of the Bombay magistracy, evidence which has condemned the accused has been elicited from a Bundarrie, often sole witness of the culprit’s guilt. Murderers, availing themselves of the last twilight ray to decoy their victims to the closest depths of the palmy woods and there robbing them of the few gold or silver ornaments they might possess, have little thought of the watchful toddy-drawer, in his lofty and shaded eyry.”[52]

That the improvement was not very marked is also proved by the fact that in 1839, the year after Mrs. Postans’ visit, the Bench of Justices increased their contribution to Government for police charges to Rs. 10,000, the additional cost being declared necessary owing to the rapid expansion of the occupied urban area, and to the grave inadequacy of the force for coping with crime. So far as watch and ward duties were concerned, the police must have welcomed the first lighting of the streets with oil-lamps in 1843. Ten years later there were said to be 50 lamps in existence, which were lighted from dusk to midnight, and the number continued to increase until October, 1865, when the first gas-lamps were lighted in the Esplanade and Bhendy Bazar. On the other hand drunkenness was a fruitful source of crime, and the number of country liquor-shops was practically unlimited. “On a moderate computation” wrote Mrs. Postans “every sixth shop advertises the sale of toddy.” With such facilities for intoxication, crime was scarcely likely to decrease.

But other and deeper reasons existed for the unsatisfactory state of the public peace and security. Throughout the whole of the period from 1800 to 1850, and in a milder form till the establishment of the High Court in 1861, there was constant friction, occasionally of an acute character, between the Supreme Court and the Company’s government and officials. Moreover, the original intention of the Crown that the Supreme Court should act as a salutary check upon the Company’s administration was frustrated by several periods of interregnum between 1828 and 1855, the Court being represented frequently by only one Judge and on one occasion being entirely closed owing to the absence of judges. This antagonism between the highest judicial tribunal and the executive authority could not fail to react unfavourably on the subordinate machinery of the administration, and coupled with inadequacy of numbers, insufficiency of pay, and a general lack of integrity in the Police force itself, may be held to have been largely responsible for the comparative freedom enjoyed by wrong-doers and their manifest contempt for authority.

Contemporary records indicate that the Police Office at this period (1800-1850) was located in the Fort; the court of the Senior Magistrate of Police was housed in a building in Forbes Street, and the court of the Second Magistrate in a house in Mazagon. The powers of both Magistrates were limited, and all cases involving sentences of more than six months’ imprisonment, or affecting property valued at more than Rs. 50, had to be sent to the Court of Petty Sessions or committed to the Recorder’s, subsequently the Supreme Court. The Court of Petty Sessions was composed of the two Magistrates of Police and a Justice of the Peace (the Superintendent-General of Sir J. Mackintosh’s draft Regulation), and sat every Monday morning at 10 a.m. at the Police Office in the Fort. The constitution of this Court was afterwards amended by Rule, Ordinance and Regulation 1 of 1834, which, though not registered in the Supreme Court as required by Act XLVII, Geo. III, was subsequently legalized by India Act VII of 1836. By that Ordinance the Court was composed of not less than three Justices of the Peace, one of whom was a Magistrate of Police, the second was a European, and the third was a Native of India, not born of European parents. It remained in existence, with extended powers, until the year 1877, when, together with three Magistrates of Police, it was superseded by the Presidency Magistrates Act.

A word may here be said on the subject of the well-known uniform of the Bombay constabulary, the bright yellow cap and the dark blue tunic and knickers, which once caused a wag to style the Bombay police-sepoy “the empty black bottle with the yellow seal.” The origin of the uniform is obscure; but it was certainly in use in 1838, for Mrs. Postans describes the dress of the men as “a dark blue coat, black belt, and yellow turban.”[53] An illustration in The Adventures of Qui-Hi, entitled “A Night in Dongri,” shows that the uniform was worn at a still earlier date. In the background of the picture two persons are obviously having an altercation with a police-constable, and the latter is depicted wearing the flat yellow cap and blue uniform familiar to every modern resident of Bombay. The dress of the constabulary must therefore have been adopted at some date prior to 1816, and it is probably a legitimate inference that it dates back to the reorganization of 1812, and was possibly adapted from an older dress worn at the end of the eighteenth century. In any case the distinctive features of the dress of the Bombay police-constable of to-day are well over one hundred years old.