WEEK NO.

12:
THE EAST INDIA COMPANY AND THE ADMINISTRATION OF
JUSTICE IN BENGAL

LEGAL HISTORY OF SUB CONTINENT

Presented By Presented To
Sara Affandi Dr. Sayyeda Fatima
PHD-Law Associate Professor of Law

Department of Law
Faculty of Shariah and Law
International Islamic University, Islamabad
4 December 2024

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 Table of Contents
1. Introduction ............................................................................................................3
1.1. The East India Company’s Role in Bengal ...................................................3
1.2. Early Legal Reforms under the East India Company ...................................4
1.3. The Court System under the East India Company ........................................4
1.4. The Role of the Collector.................................................................................5
1.5. The Regulating Act of 1773 and Judicial Reforms..........................................5
1.6. The British Legal System and Its Impact on Indian Society ...........................5
1.7. Conclusion .......................................................................................................6
References ..................................................................................................................7

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 THE EAST INDIA COMPANY AND THE ADMINISTRATION OF
JUSTICE IN BENGAL

1. Introduction
The East India Company (EIC) played a significant role in shaping the history and administration
of India, especially during the British colonial period. Bengal, one of the richest and most populous
regions of India, became the center of British rule after the Battle of Plassey in 1757. The EIC's
influence in Bengal grew rapidly, and with it, the need for a legal and administrative framework
to govern the region. The administration of justice in Bengal under the East India Company was a
complex system that involved the intersection of traditional Indian legal practices with British laws
and principles. This essay examines how the East India Company administered justice in Bengal
and the evolution of the legal system during British colonial rule.

1.1. The East India Company’s Role in Bengal

The East India Company was initially a commercial enterprise, focused on trade and commerce.
However, after the defeat of the Nawab of Bengal, Siraj-ud-Daula, at the Battle of Plassey in 1757,
the company gained significant political and military power in the region. The EIC essentially
became the ruler of Bengal, and this power was formalized with the grant of the diwani (revenue
collection rights) in 1765 by the Mughal Emperor Shah Alam II. This gave the company control
over the revenue and administration of Bengal, Bihar, and Orissa1.

As the company established its rule in Bengal, it became necessary to implement a formal system
of governance, including the administration of justice2. The existing legal system was based on
traditional Indian laws, including Hindu and Muslim personal law, alongside the local rulers'
decrees. The British, however, brought with them their own legal system, and it was under the East
India Company that British laws began to be enforced in Bengal, transforming the region's legal
landscape.

1
Narzary, Joydip. 2024. “Mughals’ Land Administration: A Legacy to the East India Company in Assam.” The Mythic
Society Quarterly Journal 115 (2).
2
Ibid.

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1.2. Early Legal Reforms under the East India Company
Initially, the East India Company’s administration was somewhat informal in nature, with justice
being dispensed according to a mix of local practices and British principles. The Company
appointed a number of British officials to oversee governance and law enforcement, but many of
the local officers were Bengali. In the early years of British rule, there was no unified legal code,
and the legal system in Bengal was fragmented. This led to widespread confusion and
dissatisfaction.

In 1772, Warren Hastings, the first Governor-General of India, began a series of reforms aimed at
bringing order to the administration of justice in Bengal. Hastings recognized the need to
consolidate British authority and establish a uniform legal framework. He introduced the system
of courts that would administer both civil and criminal justice. The courts were based on British
principles, but they also took into account traditional Indian laws and customs3.

1.3. The Court System under the East India Company

The judicial system under the East India Company in Bengal was primarily divided into two
branches: civil and criminal justice.

1.3.1. Civil Courts: The civil courts were established to resolve disputes over property, contracts,
and personal matters. Initially, the EIC relied on a system of district and local courts that
were presided over by British officials or local Hindu and Muslim judges. The civil justice
system was based on the local customs and the idea of equity, but as British influence grew,
English common law and principles of justice began to dominate4.
1.3.2. Criminal Courts: In the criminal justice sphere, the Company introduced a system of
police forces, which were tasked with maintaining law and order in the region. The criminal
justice system was based on the British model, and punishments often reflected English
law. However, there were significant differences in the legal approaches of the British and
the Indian population, especially with regard to practices such as corporal punishment,
capital punishment, and the trial process.

3
Teltscher, Kate. 2017. “Hobson-Jobson : The East India Company Lexicon.” World Englishes 36 (4): 509–21.
4
Patra, Atul Chandra. 1962. The Administration of Justice under the East-India Company in Bengal, Bihar and Orissa.

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1.4. The Role of the Collector
One of the key roles in the administration of justice in Bengal was that of the Collector. The
Collector was the British official responsible for collecting revenue and overseeing law and order
in a district. He had the authority to preside over civil cases, especially those related to property
disputes, and could also act as the head of the local courts. The Collector was a vital figure in
ensuring that the legal system operated smoothly and was often the first point of contact for the
public in legal matters.

1.5. The Regulating Act of 1773 and Judicial Reforms

The Regulating Act of 1773, which was passed by the British Parliament, was a turning point in
the administration of justice in Bengal. The Act created a Supreme Court in Calcutta (now Kolkata)
to handle appeals from lower courts and to serve as the highest judicial authority in the British
territories in India. This marked the beginning of a more structured judicial system, with the British
legal framework being more firmly established.

In 1781, the Calcutta Supreme Court under Chief Justice Elijah Impey began to assert more
influence, and a series of reforms were made to strengthen its jurisdiction. The role of the British
judiciary in Bengal expanded, and it became central to the rule of law under the East India
Company.5

1.6. The British Legal System and Its Impact on Indian Society
The introduction of British laws under the East India Company had profound impacts on Indian
society. On one hand, the British brought with them ideas of legal uniformity, the rule of law, and
a structured court system6. On the other hand, this system often conflicted with traditional Indian
practices and local customs. Many Indians, especially in rural areas, were unfamiliar with the new
legal processes, and access to justice was limited.

The British also introduced criminal laws that were often alien to Indian society. The harsh
punishments meted out in the name of justice, including executions and flogging, alienated many

5
Bolts, William, and Harry Verelst. 2021. “Of the Courts of Law Established by the Charter Granted to the Company;
and of the Government, Police, and Administration of Justice in Bengal.” Routledge EBooks, December, 75–111.
6
Ibid.

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sections of the population. Furthermore, the legal system was often biased in favor of British
officials and Europeans, leading to charges of corruption and injustice7.

1.7. Conclusion
The East India Company’s administration of justice in Bengal was a crucial aspect of British
colonial rule. The company brought with it a complex legal framework that combined traditional
Indian laws with British legal principles. Over time, this system evolved, with British judicial
reforms consolidating the Company’s power and authority. However, the imposition of foreign
legal concepts and the inequality inherent in the system created tensions between the British rulers
and the local population. Despite these tensions, the foundations of the modern legal system in
India can be traced back to this period of British colonial rule under the East India Company.

7
Patra, Atul Chandra. 1962. The Administration of Justice under the East-India Company in Bengal, Bihar and Orissa.

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 REFERENCES
Bolts, William, and Harry Verelst. 2021. “Of the Courts of Law Established by the Charter Granted

to the Company; and of the Government, Police, and Administration of Justice in Bengal.”

Routledge EBooks, December, 75–111.

Narzary, Joydip. 2024. “Mughals’ Land Administration: A Legacy to the East India Company in

Assam.” The Mythic Society Quarterly Journal 115 (2).

Patra, A. C. (1962). The Administration of Justice Under the East-India Company in Bengal,

Biharand Orissa. Asia Publishing House.

Teltscher, K. (2017). Hobson‐Jobson: The East India Company lexicon. World Englishes, 36(4),

509-521.