Abstract

This research paper will deal with the famous case of Raja Nand Kumar which is also often

called as “First Judicial Murder of Colonial India”. It is also called as the ‘Black Case’. This

case was carried out between the Governor- General of Bengal Lord Warren Hastings and a

Hindu Brahmin Zamindar Raja Nand Kumar. The case revolved around allegations from both

sides of the party various times , which led to ugly situations and eventually disguised how a

fair trial should be carried out. This case is a remark and a black spot of Judiciary. The

arrogance of power and position led Warren hastings to proclaim an innocent man Raja Nand

Kumar a defaulter leading further to his death sentence. This case will always be read on how

immoral and blind a court can function and kill an innocent man based upon hollow

statements and evidences. Through the detailed case brief/case study, the aim is to delve into

the ‘First Judicial Murder of Colonial India’ which is a prominent case which marks a very

important factor of how a justice system should ‘not’ be. It would lead the readers to think

how vigorously were the Britishers conspiring against Indians, The case of Raja Nand Kumar

will always be read in history within the blackest of Days India faced under Company’s rule.

The trial startled and dismayed the moral scruples of mankind and it is openly a case

depicting malfunctioning of ‘natural justice’ during colonial rule and this paper aims to

highlight the same.

Keywords: Criminal case, justice, independence, capital punishment, case analysis

Introduction

The concept of the rule of law emphasizes that laws should apply equally to everyone and be

guided by principles of justice. Without these principles, laws simply become tools for those

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in power to control society. In India during British rule before independence, this principle

was often ignored. The British enforced laws unequally, with harsher treatment for Indians

compared to their own citizens. Instead of ensuring fairness and justice, the British used the

law to suppress Indian voices and maintain their authority. This meant that the legal system

served the interests of the colonial rulers rather than the needs of the people. Judicial

processes became more about serving the colonial agenda rather than delivering justice. It's a

stark reminder of how the absence of fairness and justice can turn the rule of law into

something oppressive and unjust.

The story of Raja Nand Kumar speaks volumes about the injustices inflicted by the British,

and it's a tale that still evokes strong criticism today. Imagine a man, Nand Kumar, facing the

full force of colonial power, ultimately meeting a tragic end at the gallows. His fate was

sealed not by justice, but by a web of deceit spun by none other than Warren Hastings, the

governor-general at the time. Picture the scene: Nand Kumar, a figure of influence and

integrity, dared to challenge the colonial authority by exposing their wrongdoings through a

damning report. In retaliation, Hastings, consumed by his personal grudge, orchestrated a

vicious conspiracy against Nand Kumar. It wasn't about truth or fairness; it was about settling

scores and maintaining dominance. As Nand Kumar faced his unjust execution, it wasn't just

him who suffered. It was a blow to the very fabric of justice and humanity. His story serves as

a haunting reminder of the abuse of power and the lengths to which the powerful will go to

silence dissent. It's a narrative that continues to resonate, reminding us of the enduring fight

for justice and accountability.

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Now, who was Raja Nand Kumar?

Raja Nand Kumar, also known as Maharajah Nuncomar1, was a renowned Hindu Brahmin

who was honored with the title of 'Maharaja' by Shah Alam II in 1764. He held significant

landholdings as a prominent zamindar and served various key positions under the Nawab of

Bengal, especially as a revenue collector. Notably, he briefly held the post of Governor of

Hugli under Nawab Siraj-Ud-Daulah in 1756. Nand Kumar's astuteness and loyalty to the

English East India Company during the significant events of 1757 earned him the intriguing

nickname "Black Colonel" during Governor General Robert Clive's administration. His

prowess in revenue collection led to his appointment as the revenue collection agent in the

districts of Burdwan, Hooghly, and Nadia, where he wielded significant influence in Bengal

during his time.

Passing of the Regulating Act of 17732

In 1773, a significant law known as the Regulating Act was passed by the British Parliament,

aimed at bringing order to the territories under the British East India Company's rule,

particularly in Bengal. One of its key provisions was the establishment of a Supreme Court in

Kolkata, comprised of four English judges.With this Act in force, the Supreme Court of

Judicature at Fort William was established in 1774, marking a pivotal moment in India's

judicial history. Sir Elijah Impey was appointed as the Chief Justice, alongside Robert

Chambers, John Hyde, and Stephen Caesar Lemaistre as judges. Initially, the Act sought to

create a separate and somewhat independent judicial body in India, directly accountable to

the king. However, amidst the implementation of this Act, a tragic event unfolded: the trial of
1
H.Beveridge, Bengal Civil Service,The Trial of Maharaja Nand Kumar Narrative of a Judicial Murder, page 7,
1866
2
Regulating Act, Great Britain [1773], Lorraine Murray, https://www.britannica.com/topic/Regulating-ActLast
visited: 20th April, 2024

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Raja Nand Kumar. This trial, often referred to as 'the first judicial murder in colonial India,'

caused significant upheaval and controversy. Imagine the atmosphere during this period:

tensions were high as the British attempted to assert their authority through legal means. Yet,

the trial of Raja Nand Kumar shook the very foundation of justice in colonial India. It

highlighted the flaws and biases within the system, revealing how power could be abused at

the expense of fairness and integrity. As Nand Kumar faced trial and ultimately met his unjust

fate, it sparked outrage and unrest among the people. His story serves as a poignant reminder

of the complexities and injustices of colonial rule, echoing through history as a symbol of the

struggle for justice and accountability.

Background of the case3

In the halls of council chambers, the air was thick with tension as the fate of Warren Hastings

hung in the balance. Among the esteemed members, there stood Francis, Clavering, and

Monson4, a trio unified in their opposition to Hastings' rule. Yet, amidst this dissent, there was

one lone voice, that of Mr. Barewell, steadfast in his support of Hastings. Into this tumultuous

scene stepped Nand Kumar, a figure whose accusations would shake the very foundation of

governance. With a letter clenched in his hand, he approached Francis, bearing allegations of

bribery and corruption against Hastings. Words spilled forth, detailing transactions and

clandestine dealings, accusing Hastings of trading favors for wealth. As Francis presented the

damning letter to the council, a wave of murmurs swept through the room. Monson, moved

3
“The Trial and Hanging of Raja Nand Kumar: First Judicial Murder in British India.” The Article, 6 Aug.

2018,thearticle.in/hindustan/judicial-murder-rajanad-bengal/ Last visited: 18th April, 2024

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Raja Nand Kumar, Legal Services India https://www.legalserviceindia.com/legal/article-4665-raja-
nandkumar.html
Last visited: 19th April, 2024

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by the gravity of the accusations, rose to motion for Nand Kumar's appearance before the

council. But Hastings, seated at the head of the assembly, balked at the suggestion, his

resolve unyielding. In a moment of clarity, Barewell intervened, his voice cutting through the

chaos with a proposal for a more judicious course of action. He urged Nand Kumar to seek

justice through the proper channels of the Supreme Court, invoking the sanctity of legal

proceedings over the tumultuous arena of council politics. In his plea, there echoed a call for

fairness, for the humanization of justice amidst the storm of accusation and counter-

accusation. The council's decision to elect Clavering as the new presiding officer, despite

Hastings' dissent, marked a turning point in the unfolding drama. With Nand Kumar

summoned once more to substantiate his accusations, the council's verdict reverberated with

solemnity as they found Hastings guilty of the charges levelled against him. Ordered to make

reparations to the tune of Rs 3,54,105, Hastings was compelled to deposit the sum into the

company's treasury. This ruling deepened the rift between Hastings and Nand Kumar, casting

them as bitter adversaries locked in a struggle for supremacy. Fuelled by resentment and a

thirst for vengeance, Hastings now sought an opportunity to undermine his newfound foe,

setting the stage for a battle of wills in the corridors of power.

Facts of the case5

For eight consecutive days, starting on June 8th and ending at midnight on June 15th, 1775, a

trial took place without any breaks. The judges, wearing red robes and large wigs, listened to

the case for hours each day. They changed their clothes twice daily and worked from 8 am till

late at night, carefully considering the evidence presented by the prosecution and cross-

examining witnesses. During the trial, a complaint was made that the King’s lawyer wasn’t

5
Hanging of Nanda Kumar, Kolkata on wheels https://www.kolkataonwheels.com/hanging-of-nanda-kumar/
Last visited: 19th April, 2024

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skilled enough in questioning witnesses. So, the judges themselves thoroughly questioned the

defense witnesses, leading to doubts about their fairness. After reviewing the evidence, the

judges dismissed the testimony given by the prosecution witnesses and ordered the sheriff,

Alexander Macrabie, to keep Raja Nand Kumar in custody until his legal release. Following

the tumultuous events that unfolded earlier, Nand Kumar, along with his associates Fawkes

and Radha Charan, faced serious allegations of conspiracy, allegedly orchestrated by Warren

Hastings. In a bid to further discredit Nand Kumar, Hastings engineered yet another legal

assault, this time accusing him of forgery, a crime punishable by death according to English

law. The forgery charge revolved around a disputed bond or deed that purportedly bore the

signature of Bulaki Das, a prominent banker, dating back to 1765. Mohan Prasad, acting on

behalf of the prosecution, brought these accusations to light on May 6, 1775, before local

magistrates Le Maistre and Hyde. After a meticulous examination of the evidence presented,

the magistrates deemed it fit to order Nand Kumar's immediate imprisonment pending further

legal proceedings. On May 7, 1775, Mohan Prasad furnished a bond to initiate legal action

against Nand Kumar in the prestigious Supreme Court. Subsequently, Nand Kumar found

himself standing trial before Chief Justice Sir Elijah Impey and a panel of three other judges

on May 8, 1775. The trial, presided over by a jury of twelve Englishmen, was a pivotal

moment in Nand Kumar's fate. Despite efforts to contest the charges and present a robust

defense, the Supreme Court, with Sir Elijah Impey at the helm, found Nand Kumar guilty

under the Forgery Act of 1728. This legislation, passed by the British Parliament, stipulated

severe penalties for those found guilty of forgery, including the death sentence. Despite

concerted efforts to challenge the court's decision, including an application for leave to appeal

to the king-in-council, all attempts were futile. The Supreme Court stood by its verdict, and

Nand Kumar's fate was sealed. On August 5, 1775, at 8:00 a.m., amidst the somber backdrop

of Cooly Bazar near Fort William, Nand Kumar met his tragic end. The sentence imposed by

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the Supreme Court was executed, and Nand Kumar was hanged, bringing a harrowing

chapter in colonial India's legal history to a grim conclusion.

SIGNIFICANCE OF THIS CASE:

Legal issues raised6

1.Whether the Supreme Court had jurisdiction to hear the matter in the first place?

Nand Kumar's legal representative raised this issue, contesting the court's jurisdiction.

However, despite the objection, the Supreme Court dismissed the plea and proceeded with

the trial. In reality, the alleged offense occurred before the implementation of the Regulating

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The first judicial murder in colonial India : Raja Nand Kumar case, Aditi Aggarwal, Symbiosis Law School,
Noida. https://blog.ipleaders.in/the-first-judicial-murder-in-colonial-india-raja-nand-kumar-case/ Last Visited:
20th

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Act of 1773 and, consequently, before the establishment of the Supreme Court. Prior to this,

residents of Bengal, including Indians, were typically subject to trial by local Faujdari

Adalats. Therefore, it was arguable that the Supreme Court lacked the initial jurisdiction to

hear the case.

2. Whether the English Act of 1729, according to which forgery was a capital offense, was

applicable to India?

The English Act of 1729 prescribed capital punishment for the crime of forgery. Doubts

emerged regarding whether this Act extended to India, leading to a split among the judges.

However, ultimately, the prevailing viewpoint, supported by the majority of judges including

Chief Justice Impey, upheld the applicability of the Act to India.

The final decision of the court

On the morning of June 16th, 1775, Chief Justice Impey summarized the case. Raja Nand

Kumar was found guilty by both the judges and the jury. He was sentenced to death by

hanging by Chief Justice Impey under the English Act of 1729 passed by the British

Parliament. However, the Supreme Court later dismissed the conspiracy case against him due

to lack of evidence. As a result, Raja Nand Kumar was executed by hanging on August 5th,

1775, at 8 o’clock in the morning at the Cooly Market near Fort William, close to the modern

Hastings Bridge.

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Why Warren Hastings conspired against Raja Nand Kumar?

Warren Hastings, the Governor at the time, had a grudge against Raja Nand Kumar for

various reasons. One of them was Nand Kumar's involvement in the Battle of Plassey

alongside Nawab Siraj-Ud-Daulah, who admired him. 7Hastings conspired against Nand

Kumar with the help of other Indians. Hastings became Governor-General of the Presidency

of Fort William in Bengal in 1772. However, his powers were limited by the establishment of

a council of four members with similar authority. Three of these members, Clavering,

Francis, and Monson, opposed Hastings, while only Barewell supported him. When

administration shifted from Murshidabad to Calcutta, Nand Kumar was sidelined, and power

fell into the hands of recognized Company officials. The council members, except Barnwell,

encouraged Nand Kumar to accuse Hastings of bribery and corruption before the Council.

Nand Kumar gave a letter to Francis detailing the complaints against Hastings, alleging

bribery to appoint his son Gurudas as Diwan and accepting bribes from Munni Begam to

appoint her as guardian of the minor Nawab Mubarak-ud-Daulah. Francis presented the letter
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Scrutinizing the trial and hanging of Raja Nand Kumar, the first judicial murder in colonial India. Was it really
justified? Parthik Choudhury & Ananya Jadhav
https://drive.google.com/file/d/1B3e8jsQ9I6EQYSCSJe98q2_mIwJIrRm_/view Last Visited: 20th April, 2024

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at a council meeting, and Monson moved a motion for Nand Kumar to appear before the

council. Hastings, presiding over the council, opposed the motion. Barewell suggested Nand

Kumar should take his complaints to the Supreme Court. The majority objected and elected

Clavering to preside instead of Hastings. When Nand Kumar appeared before the council to

prove his charges against Hastings, the majority declared the charges valid. Hastings was

ordered to deposit a large sum in the company’s treasury. This event fueled Hastings'

animosity towards Nand Kumar, leading him to seek opportunities to discredit him further.

Why is the trial called the judicial murder of Raja Nand Kumar?

The trial of Raja Nand Kumar caused shock and dismay, widely viewed as a "judicial

murder." Several unusual aspects stood out: Chief Justice Impey's close friendship with

Warren Hastings, judges questioning witnesses themselves, the rejection of a petition by the

Supreme Court, and the imposition of capital punishment despite forgery not being

considered a serious crime by Hindus or Muslims. Furthermore, Elijah Impey, alongside two

other English judges, presided over the case. The jury, consisting entirely of Englishmen,

added to the trial's peculiarity, leading to conflicting testimonies that didn't align with Indian

norms. Overall, this trial starkly displayed the failure of 'natural justice' under colonial rule,

highlighting significant flaws in the judicial system of the time.

Reaction of the native people8

8
The Unfair Trial of Raja Nand Kumar, Anish Kartik https://www.scribd.com/presentation/473366299/trial-
of-nand-kumar-1 Last Visited: 20th April, 2024

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Nand Kumar wished to die near Adi Ganga for his final rites to be performed at its ghats.

This led to the digging of a well for his hanging. During the execution, the elderly prisoner's

hands were tied, and he struggled to walk on the stairs due to weak knees. The hanging of the

Brahmin caused horror and consternation among the gathered locals. Many Hindus were

deeply shocked and sought purification by bathing in the holy Ganges to cleanse themselves

of the sin of witnessing the event. Numerous Brahmin households protested the hanging and

left Calcutta in protest.

The historical significance of the trial

The trial of Raja Nand Kumar caused a lot of controversies, surprising both Indians and

British residents in India. It became historically important because it led to the impeachment

of Chief Justice Impey of the Supreme Court of Calcutta and Governor-General Warren

Hastings by the House of Commons when they returned to England. Despite criticism from

notable figures like Edmund Burke and Lord Macaulay, Hastings was eventually cleared of

all charges after 19 years. Currently, the authorities at Victoria Memorial are planning to

exhibit Nand Kumar's turban.

Conclusion

In conclusion, the trial of Raja Nand Kumar stands as a poignant reminder of the injustices

wrought by colonial rule in India. His story, marked by betrayal, deceit, and ultimately, tragic

injustice, epitomizes the struggle for fairness and accountability in the face of unchecked

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power. Through the lens of Nand Kumar's trial, we witness the perversion of justice, where

legal proceedings were manipulated to serve the interests of colonial masters rather than

uphold principles of equity and fairness. Moreover, the trial's historical significance

reverberates through time, serving as a stark indictment of the systemic flaws within the

colonial judicial system. It led to the impeachment of Chief Justice Impey and Governor-

General Warren Hastings, highlighting the enduring impact of Nand Kumar's ordeal on the

course of British colonial history. As we reflect on the tumultuous events surrounding Nand

Kumar's trial, we are reminded of the enduring struggle for justice and the imperative of

holding power to account. His story serves as a solemn testament to the resilience of the

human spirit in the face of oppression, inspiring us to continue the fight for a more just and

equitable world. Through remembrance and reflection, we honor the legacy of Raja Nand

Kumar, ensuring that his sacrifice is never forgotten in the annals of history.

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kumar-case/

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