Charter of 1600:

The history of the legal system in British India opens with the establishment of the East India
Company. The East India Company was incorporated in England by the Crowns Charter of
1600. The Company was given ecl!sive trading rights in "sia #incl!ding India$% "frica and
"merica. &o British s!b'ect co!ld carry on trade within these areas witho!t the license granted
by the company.
The provisions of the Charter of 1600 were only in connection with the trade and were not
intended for ac(!isition of dominion in India. The Charter a!thori)ed the *eneral Co!rt to ma+e
bye,laws% ordinances% etc. for the good governance of the Company and its servants and also
for the better advancement of trade and traffic. The Charter a!thori)ed it to p!nish the violations
of these laws and ordinances by fine or imprisonment. -owever% the laws and p!nishments were
to be reasonable and not contrary to the laws% stat!tes or c!stoms of England. Th!s% the Charter
of 1600 conferred on the Company the power of minor legislation with the ob'ect to enable the
Company to enable it to reg!late its own b!siness and maintain discipline amongst its servants.
The Charter did not intend to confer on the Company a power to legislate for and govern some
territory. The Charter did not empower the Company to decide the cases of capital offences and
to prescribe death sentence. The laws made by the Company in 16.1 dealt with the
management of its meetings and its officers in England and the administrative arrangements in
east etc.% and% th!s% they clearly indicate the restricted character of the legislative power of the
Company. -owever% the legislative power conferred on the company by the Charter of 1600 is of
historic importance as it is /the gem o!t of which the "nglo Indian Codes were !ltimately
developed.0
"t the inception of the East India Company% since its ob'ect was commercial% the Charter of 1600
conferred only those powers which were necessary to reg!late its b!siness and maintain
discipline amongst its servants% b!t when its ob'ect became political as well and it ac(!ired
territories in India% it needed the powers necessary for the maintenance of the territory and the
British Crown co,operated with it and conferred on it more and more powers for this p!rpose.
Charter of 1661:
In the reign of Charles II% the Company entered into a period of !nprecedented prosperity. 1n 2
rd
"pril% 1661% Charles II granted a new Charter to the Company. Besides etending the privileges
of the Company on new territorial lines% the Charter reorgani)ed its str!ct!re.