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In Re: Bozagellaya

Type Court Judgment Court Chennai Decided Sep 21, 1908
~1 min read
https://sooperkanoon.com/case/794348

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Penal Code (Act XLV of 1860), Section 353 - Criminal force--Vaccinator attempting to vaccinate child--Vaccination not compulsory in the place--'In the execution of his duty'--Deterring vaccinator from vaccinating. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Bozagellaya

Legal References

Reported In
4Ind.Cas.1166

Excerpt

penal code (act xlv of 1860), section 353 - criminal force--vaccinator attempting to vaccinate child--vaccination not compulsory in the place--'in the execution of his duty'--deterring vaccinator from vaccinating. - orderabdur rahim, j.1. vaccination not having been made compulsory in the harivanam village the vaccinator was not discharging any duty trader the law when attempting to vaccinate the child against the will of its parents. if the accused prevented him from doing so, he cannot be said to have committed any offence under section 353 of the indian penal code. the conviction must, therefore, be set aside and the fine, if paid, must be refunded.

Full Judgment

ORDER

Abdur Rahim, J.

1. Vaccination not having been made compulsory in the Harivanam village the vaccinator was not discharging any duty trader the law when attempting to vaccinate the child against the will of its parents. If the accused prevented him from doing so, he cannot be said to have committed any offence under Section 353 of the Indian Penal Code. The conviction must, therefore, be set aside and the fine, if paid, must be refunded.

Continue Your Research

Same Parties In Re: Bozagellaya vs Same Subject Criminal Same Judge Abdur Rahim, J.
Criminal

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