False Imprisonment

False imprisonment can be defined as the act of the defendant causing the plaintiff’s unlawful imprisonment. Some factors that constitute illegal imprisonment, such as the possible reasons for imprisonment, the plaintiff’s knowledge of imprisonment, the defendant’s intention to imprison and the imprisonment period, that is to say, it includes a period of time, no matter how short the freedom of another person is there is no sufficient legal basis.  Illegal imprisonment occurs when one person (without legal rights or legitimate reasons) intentionally restricts another person from exercising their freedom. When someone deliberately restricts another person’s freedom, they may be convicted of illegal imprisonment in civil and criminal courts.

The factors that constitute illegal imprisonment are:

– Possible reasons for imprisonment.

– admitted the plaintiff’s imprisonment.

– The defendant’s intentions during and during the imprisonment.

 This applies to private detention and government detention. According to the criminal law, no matter whether the restriction is in whole or in part, it is possible to prosecute. When the restrictions are complete and the person cannot exceed certain restrictions, the crime is “illegal imprisonment” as defined in Article 340 of the IPC. Therefore, the Indian Penal Code punishes illegal imprisonment. Articles 339 to 348. For the police, evidence of illegal detention is sufficient to obtain a habeas corpus. This person does not need to be put in prison, but must be confined to an area, and there is no possible escape route other than the will of the person restricting him. According to the laws of a particular jurisdiction, illegal imprisonment may also constitute a crime or an intentional infringement.

The basic element required for the False imprisonment is:-

i. A person’s freedom must be fully restricted.

 ii. It should have no legal basis.

  • Total Restrictions

According to the Criminal Law, whether it is full restriction or partial restriction, a lawsuit can be brought. Under civil law, the situation is different. When completely contained, it constitutes the crime of illegal imprisonment. If a person is prevented from moving in a certain direction, it is not imprisonment, but he is free to move in any other direction. To constitute such a crime, one must be completely deprived of the freedom to transcend certain restrictions. A person is prohibited from traveling in a specific direction, but is allowed to return without illegal imprisonment.

  • Willful detention

 False imprisonment or restriction must be deliberate or deliberate. It is not illegal imprisonment or illegal imprisonment when someone accidentally closes the door when someone is on the other side. Intentional detention applies to any form of deliberate restraint, including physical restraint of a person, not to leave, lock the person in a building, room or other place, and prevent him from leaving by force or intimidation.

  • Intention

 Generally speaking, illegal imprisonment must be intentional. Unless a person’s actions are for imprisonment or knowingly will result in imprisonment, that person shall not be responsible for illegal imprisonment. For this crime, malice does not matter. In fact, it is generally up to the judge to determine the defendant’s intentions in illegal imprisonment proceedings based on evidence.

  • Knowledge of the Plaintiff

The detention of another person would have been wrong. There is no requirement that the plaintiff claiming another person for false imprisonment was aware of his restraint on his freedom at the time of his confinement.

Defences for false imprisonment are the damages for the actions which are caused by the plaintiff, self help, valid arrest, consent to restrain, probable cause and the Habeas corpus these are the defenses which are available.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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