Skip to content


The Empress Vs. Shasti Churn Napit - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1882)ILR8Cal331
AppellantThe Empress
RespondentShasti Churn Napit
Excerpt:
escape from custody while being taken before a magistrate - subsequent conviction for such escape--penal code (act xlv of 1860), sections 224 and 225. - mitter, j.1. the conviction seems to be illegal. assuming that shasti napit was legally arrested under section 94 of the criminal procedure code, he was not lawfully detained in custody for any offence, and could not therefore be punished under section 224 of the penal code; nor could he have been punished under section 225a, as he had not failed to furnish security for good behaviour.2. the conviction must be set aside and she warrant for his imprisonment cancelled.
Judgment:

Mitter, J.

1. The conviction seems to be illegal. Assuming that Shasti Napit was legally arrested under Section 94 of the Criminal Procedure Code, he was not lawfully detained in custody for any offence, and could not therefore be punished under Section 224 of the Penal Code; nor could he have been punished under Section 225A, as he had not failed to furnish security for good behaviour.

2. The conviction must be set aside and She warrant for his imprisonment cancelled.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //