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Offences Affecting the Human Body

[Chapter XVI 299 to 377]

WRONGFUL RESTRAINT[1] AND WRONGFUL CONFINEMENT[2]

(Ss. 339 to 341)

QUESTION BANK

 Q 1.   Define Wrongful Restraint and Wrongful Confinement.

2. 2. Wrongful Restraints and Wrongful Confinement.

SHORT NOTES

1.    Wrongful Restraint.
2.    Wrongful containment

SYNOPSIS

 I]      Introduction

II]      Wrongful Restraint

1)     Definition

2)     Punishment

3)     Exception

4)    Ingredients

1. a) Voluntary obstruction of a person
2. b) From proceeding in any direction in which he has the right to proceed

III]    Wrongful Confinement

1)    Definition

2)    Punishment

3)    Ingredients

 IV]     Distinction Between Wrongful Restrain and Wrongful Continent

I]       INTRODUCTION:-

341. 339 to S. 348 deal with the offences where a man’s 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:–

           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.

b)         From Proceeding in any Direction in which he has the Right to Proceed:-

In Arumugo Nadar.[3]

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)       Definition: –

           Whoever wrongfully restrains any person in such a manner to prevent that person from proceeding beyond certain circumscribing limits is said “wrongfully to confine” that person. (S. 340).

      2)       Punishment:-

                   Imprisonment up to 1 year or fine up to Rs. 1,000 or both (S. 342).

Illustration

1. 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.

1. 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.

3)       Ingredients:-

1)     Wrongful restraint of a person.

2)      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).

   2)       Wrongful confinement for 10 or more days. (S. 344).

   3)       Wrongful confinement in secret. (S. 346).

   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)                                                                                 *****

[1] चुकीचे बंधण. [गलत बंधन।

[2] चुकीची कोंडी. [गलत कारावास]

[3] (1910)