Wrongful Restraint & Wrongful Confinement

  • Wrongful Restraint

According to Section 339 of the Indian Penal Code

“Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.”

Illustration:

Chitra is walking on a public road on which she has a right to pass. Rajesh obstructs this path despite knowing that he had no right to stop the path. As Chitra was prevented from passing, Rajesh can be said to have wrongfully restrained Chitra.

Ingredients

To establish the offence of wrongful restraint the complainant must prove all the following essential:

That there was an obstruction;

That the obstruction prevented the complainant from proceeding in any direction;

That the person/complainant so proceeding must have a right to proceed in the direction concerned.

Punishment

Section 341 of the Indian Penal Code imposes punishment against the wrongdoer under Section 339 with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees, or with both.

The classification of the offence under this section is that the offence is Cognizable, Bailable and Triable by any Magistrate, it is also compoundable by the person restrained or confined.

Case Law:

In the case of Shoba Rani vs. The King (1950-51 CrLJ 668 Cal.), the landlord was accused of preventing his tenant who was the tenant from using the bathroom. By stopping the tenant from using something that he had the right to use, the landlord was had committed wrongful restraint under Section 339.

  • Wrongful Confinement

According to Section 340 of the Indian Penal Code;

  • Whoever wrongfully restraints any person.
  • In such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said wrongfully to confine that person.

Illustrations:

Radhika causes Anamika to go within a walled space and locks Anamika in. Anamika is thus prevented from proceeding in any direction beyond the circumscribing line of the walls and so Radhika has wrongfully confined Anamika.

Ingredients

The essential ingredients of the offence of wrongful confinement are:

The accused should have wrongfully restrained the complainant (i.e. all ingredients of wrongful restraint must be present)

Such wrongful restraint was to prevent the complainant from proceeding beyond certain circumscribing limits beyond which he or she has the right to proceed.

Punishment

Section 342 of the Indian Penal Code states that whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both The classification of this offence is that it is cognizable, Bailable and Triable by any Magistrate. Further, it is Compoundable by the person confined with the permission of the court.

Case Law:

In Shamlal Jairam v. Emperor, Ahead constable detained some persons as suspects for several days. They were not fettered but they were made to stay in a circumscribed limit. Their meals were either brought to them or they were sent under escort to their houses for meals and were brought back. It was held that the Head Constable was guilty under section 340.

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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