âLaw Masterâs Publicationâ âWrongful Restraint & Confinementâ Prof. Santosh D. Bhosale 110
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Offences Affecting the Human Body
[Chapter XVI 299 to 377]
WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT
(Ss. 339 to 341)
QUESTION BANK
Q 1. Define Wrongful Restraint and Wrongful Confinement.
Q. 2. Wrongful Restraints and Wrongful Confinement.
SHORT NOTES
1. Wrongful Restraint.
2. Wrongful containment
SYNOPSIS
I]
Introduction
II]
Wrongful Restraint
1)
2)
3)
Definition
Punishment
Exception
4) Ingredients
a)
b)
Voluntary obstruction of a person
From proceeding in any direction in which he has the right to
proceed
III] Wrongful Confinement
1) Definition
2) Punishment
3) Ingredients
âLaw Masterâs Publicationâ âWrongful Restraint & Confinementâ Prof. Santosh D. Bhosale 111
IV]
I]
Distinction Between Wrongful Restrain and Wrongful Continent
INTRODUCTION:-
S. 339 to S. 348 deal with the offences where a manâs freedom of motion is
interfered with wholly or partially. In a situation where a person is prevented from going
to a place where he has the right to go, it is the offence of wrongful restraint defined
under S 339 and made punishable by S 341. But if he is confined within particular limits
against his desire to go outside that limit, it is the offence of wrongful confinement as
defined in S. 340 and made punishable by S. 342. Ss 343 to 348 are aggravated forms of
wrongful confinement.
II]
WRONGFUL RESTRAINT:-
1) Definition:-
Whoever voluntarily obstructs any person to prevent that person from proceeding
in any direction in which that person has the right to proceed is said wrongfully to restrain
that person (S. 339).
2) Punishment:â
Imprisonment up to 1 month or a fine up to Rs. 500 or both (S. 341).
3) Exception:-
The obstruction of a private way over land or water, which a person in good faith
believes himself to have a lawful right to obstruct, is not an offence within the meaning of
this section.
Illustration
A obstructs a path along which Z has a right to pass. A not believing in good faith that he
has a right to stop path Z is prevented from passing. A wrongfully restrains Z.
4) Ingredients:-
a)
Voluntary Obstruction of a Person:-
The obstruction must be such as to prevent that person from proceeding in any
the direction in which he has the right to proceed.
From Proceeding in any Direction in which he has the Right to Proceed:-
b)
Facts -The complainant, his wife, and daughter occupied a house, and during their
temporary absence, the accused put a lock on the outer door, thereby preventing them
from entering.
Held - that the accused was guilty of wrongful restraint.
III]
WRONGFUL CONFINEMENT:-
1 (1910)
âLaw Masterâs Publicationâ âWrongful Restraint & Confinementâ Prof. Santosh D. Bhosale 112
1)
Definition: -
Whoever wrongfully restrains any person in such a manner to prevent that person
from proceeding beyond certain circumscribing limits is said âwrongfully to confineâ that
person. (S. 340).
2)
Punishment:-
Imprisonment up to 1 year or fine up to Rs. 1,000 or both (S. 342).
Illustration
i)
A causes Z to go within a walled space and locks Z in. Z is thus prevented from
proceeding in any direction beyond the circumscribing line of the wall. A
wrongfully
confines Z.
ii)
A places men with firearms at the outlets of a building and tells Z that they will
fire at Z if Z attempts to leave the building. A wrongfully confines Z.
Ingredients:-
3)
1)
2)
Wrongful restraint of a person.
The restraint must be to prevent that person from Proceeding beyond
certain circumscribing limits.
Thus, there must be a total restraint and not a partial one.
V]
DISTINCTION Between wrongful restrain and wrongful confinement-
In wrongful confinement, a person is restrained from proceeding to all directions
beyond a certain area, whereas, in wrongful restraint, he is restrained from proceeding in
some particular direction, though free to proceed elsewhere.
The aggravated forms of wrongful confinements are-
1)
Wrongful confinement for 3 or more days (S. 343).
Wrongful confinement for 10 or more days. (S. 344).
Wrongful confinement in secret. (S. 346).
2)
3)
4)
Wrongful confinement of a person for whose liberation a writ is issued
(S.345).
5)
Wrongful confinement to extort property or constrain an illegal act. (S.347).
6)
Wrongful confinement to extort confession or compel restoration of property.
(S. 348)
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