Legal Question in Criminal Law in India

escape from custody
a person,being taken from prison for deportation under order of a court's order, is left by police saying that he is free and he has knowledge of court's order of deportation and was also handed over order of govt.to leave the country within 24 hrs. he was arrested after a day of handing over the order of govt.& is charged with offence to escape from custody. is he guilty?

Asked on 10/15/07, 12:47 pm

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Re: escape from custody

Yes.

Answered on 10/16/07, 1:21 am

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: escape from custody

its hard to formulate some advice for you but yes the person is guilty untill and unless he has got enough grounds to prove the malafied intention of the police.

Answered on 10/16/07, 2:31 am

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Re: escape from custody

When the person had knowledge of court order then why he did not surrender before the court even if the police had acted malafidely?If the person can prove that he was told by the police that he is free,then,he has chances to be acquited otherwise there is no escape.

Answered on 10/15/07, 2:16 pm

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