452 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Section 29
(ii) Regarding offences under other laws
If the law mentions the Court no other Court can take cognizance of the offence.
If the law does not mention the Court then
(a) It may be tried by the High Court or
(b) It may be tried by the Court mentioned in the 8th column of the Second Schedule to the Cr. P. C. under the heading “Offences against other laws”.
Section 29-A
(b) The nationality of the offender
If the offender is an European British Subject a magistrate of the 2nd or 3rd class cannot try him for an offence punishable otherwise than with fine exceeding Rs. 50.
If the offence is such that it is not punishable with imprisonment is punishable with fine and the fine does not exceed Rs. 50 then he can be tried by a magistrate of the
2nd or 3rd class.
But if it is punishable with imprisonment or is punishable with fine exceeding Rs. 50 he cannot be tried by them.
N. B. —This is so if the European British Subject claims his privileges as such given to him by the principle of ultra vires an intra vires.
Prior to 1923 the definition stood as follows :
European British Subject means (i) any subject of H. M. born. naturalized or domiciled in the U. K. or any of the European, American or Australian colonics or possessions of H. M. or in the colony of New Zealand or in the colony of the Cape of Good Hope or Natal; (ii) any child or grand-child of such person by legitimate descent.
Domicile = The place where a person has his home a place to which one returns.
Domicile is of three sorts :
(1) by birth
(2) by choice
(3) by operation of law (e. g. wife acquiring the domicile of her husband).