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Queen-empress Vs. Tafaullah - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal190
AppellantQueen-empress
RespondentTafaullah
Excerpt:
escape from lawful custody - arrest under civil process, escape from--criminal liability of officer suffering escape--penal code (act xlv of 1860), section 223. - tottenham and agnew, jj.1. we think that the sessions judge is light in considering the conviction to be illegal. section 223 of the penal code applies only to cases where the person, who is allowed to escape, is in custody for an offence, or has been committed to custody, and not to cases where such person has simply been arrested under civil process. we, therefore, set aside the conviction and order the fine, if paid, to be refunded.
Judgment:

Tottenham and Agnew, JJ.

1. We think that the Sessions Judge is light in considering the conviction to be illegal. Section 223 of the Penal Code applies only to cases where the person, who is allowed to escape, is in custody for an offence, or has been committed to custody, and not to cases where such person has simply been arrested under civil process. We, therefore, set aside the conviction and order the fine, if paid, to be refunded.


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