WRONGFUL CONFINEMENT

Section 340 defines “wrongful confinement,” while section 342 specifies the penalty for it.

 It states that if a person is stopped from going above the limit set by them, it is offensive when they are illegally forcing the victim to go beyond that limit.

 The Indian Constitution’s Articles 19 and 21 provide everyone the right to freedom of movement and personal liberty across the country.

Section 340 of the Indian Penal Code states:

“Wrongful confinement” is defined as “wrongful restraint of any individual in such a way as to prohibit that person from advancing beyond certain circumscribing bounds.”

ILLUSTRATIONS

  • Anamika is forced to enter a walled space by Radhika, who locks her within.

               As a result, Anamika is unable to walk in any direction outside of the circumscribing line of the walls, and Radhika has mistakenly trapped Anamika.

  • George posts men armed with rifles around a building’s exits and warns Veer that if he tries to leave, he will be shot.

George has falsely imprisoned Veer here.

      Ingredients

       The following are the essential elements of the unlawful confinement offence:

  • The accused should have restrained the plaintiff in an improper manner (i.e., all ingredients of wrongful restraint must be present)
  • The purpose of this illegal constraint was to prohibit the complainant from going beyond specified circumscribing limitations beyond which he or she had the legal right to go.

In the case of State of Gujarat vs. Keshav Lai Maganbhai Gujoyan , the court stated,

 “Proof of actual physical restriction is not required for an allegation of wrongful detention.

 It is sufficient if the evidence reveals that such an impression was created in the victim’s mind, that he had a reasonable fear that he was not free to leave.

If the impression is formed that the complainant will be arrested or restrained instantly if he attempts to run, a reasonable fear of the use of force rather than its actual use is adequate and significant.”

When the case of State vs. Balakrishnan  was presented to court, the complainant was kept in the police station, and the accused asserted that the complainant was free to leave the police station at any time.

When a civilian enters a police station, the officers’ power prevails in that jurisdiction, and they treat the citizen in a brusque manner, according to the Court.

 The court found the defendant guilty of improper detention.

Punishment

According to Indian Penal Code Section 342: “Whoever illegally confines any person shall be punished by imprisonment of either description for a time not exceeding one year, or by fine not exceeding one thousand rupees, or by both.”

This offence is classified as cognizable, bailable, and triable by any Magistrate. It can also be compounded by the person held with the agreement of the court.

INFERENCE

Wrongful confinement takes place in a circle, which means it encompasses a wide range of restraints that take place within a specific space, such as the prohibition of leaving a room, building, or park, among other things.

EXAMPLE-

When General Dyer entered the Jallianwala Bagh and blocked every route for the people to flee, he unlawfully trapped them.

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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