On the 24th of February, 1835, the Governor-General of India in
Council, Lord William Bentinck, directed that the practice of
punishing soldiers of the native army by the cat-o'-nine-tails, or
rattan, be discontinued at all the presidencies; and that henceforth
it shall be competent to any regimental, detachment, or brigade court
martial to sentence a soldier of the native army to dismissal from
the service for any offence for which such soldier might now be
punished by flogging, provided such sentence of dismissal shall not
be carried into effect unless confirmed by the general or other
officer commanding the division.'
For crimes involving higher penalties, soldiers were, as heretofore,
committed for trial before general courts martial.
By Act 23 of 1839, passed by the Legislative Council of India on the
23rd of September, it is made competent for courts martial to
sentence soldiers of the native army in the service of the East India
Company to the punishment of dismissal, and to be imprisoned, with or
without hard labour, for any period not exceeding two years, if the
sentence be pronounced by a general court martial; and not exceeding
one year, if by a garrison or line court martial; and not exceeding
six months, if by a regimental or district court martial.
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