AIR 1929 ALLAHABAD 935

Allahabad High Court

Hon'ble Judge(s): Sen , J

(A) Criminal P.C. (5 of 1898) , S.54— Village Chowkidar is not "police officer." A village chowkidar is not a "police officer" within the meaning of S. 54. The whole of the Code shows that "Chowkidars" who have bean given a distinctive name were not intended to be included under the term "police officer. (B) Penal Code (45 of 1860) , S.43— "Illegal" - Scope and meaning explained. The word "illegal" has an extensive meaning, including anything and everything which is prohibited by law which constitutes an offence and which furnishes the basis for a civil suit ending in damages. (C) Penal Code (45 of 1860) , S.221— Duties of chowkidar ought not to be confounded with those of public servant - Obligation of chowkidar to detain not established - Chowkidar can not be penalized under S. 221. The duties of a chowkidar as a private citizen ought not to be confounded with his duties as a public servant. Where the legal obligation of the chowkidar to arrest or detain has not been established, there is no dereliction from his statutory duty within the purview of S. 221: and the chowkidar cannot be penalized for intentionally suffering a pilferer to escape from his deten....