8129051765189746 Distinction between ‘Wrongful restraint’ and ‘Wrongful confinement’

Distinction between ‘Wrongful restraint’ and ‘Wrongful confinement’

Updated: 3 days ago



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Prof.(Dr.) Priya Sepaha

Director, Law Colloquy,

Author, Trainer, blogger, Youtuber


Wrongful restraint

The term ‘Wrongful restraint’ denotes a willful obstruction of any individual in order to keep that individual from continuing toward any path in which that individual has a privilege to continue.

According to section 339 of Indian Penal Code, 1860, “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

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 the path. Z is thereby prevented from passing. A wrongfully restrains Z.

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.

Punishment

Punishment for wrongful restraint is defined under section 341 of the Indian Penal Code,1860-

“Whoever wrongfully restrains any person shall be punished 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”.

Classification of offence

  • Punishment - Simple Imprisonment for 1 Month or Fine or both.

  • Bailable- if an offence is bailable, police have the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise, an arrested person has to apply for bail before a magistrate or court.

  • Cognizable offence and triable by any Magistrate- If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise, the police do not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

  • This offence is compoundable by the person restrained- If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

Wrongful confinement

The term ‘wrongful confinement’ has been explained under Section 340 of Indian Penal Code, 1860, which lays down that whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, said “wrongfully to confine” that person.

Illustrations

(a) A causes Z to go within a walled space and locks Z in. A is thus prevented from proceeding in any direction beyond the circumscribing line of the wall. A wrongfully confines Z.

(b) 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.

Punishment

Punishment for wrongful confinement is explained under 342-348 of Indian Penal Code, 1860-

  1. According to Section 342, “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”.

Classification of offence

  • Punishment - Imprisonment for 1 year, or fine of 1,000 rupees, or both

  • Cognizable & Triable by any Magistrate

  • Bailable

  • Compoundable by the person restrained or confined.

2. Wrongful confinement for three or more days-

According to Section 343, “Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.

Classification of offence

  • Punishment - Imprisonment for 2 years, or fine, or both

  • Cognizable & Triable by any Magistrate

  • Bailable

  • Compoundable by the person confined with the permission of the court.

3. Wrongful confinement for ten or more days -

According to Section 344, “Whoever wrongfully confines any person for ten days, or more shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine”.

Classification of offence

  • Punishment-Imprisonment for 3 years and fine

  • Cognizable & Triable by any Magistrate

  • Bailable

  • Compoundable by the person confined with the permission of the court.

4. Wrongful confinement of person for whose liberation writ has been issued-

According to Section 345, “Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter”.

Classification of offence

  • Punishment - Imprisonment for 2 years in addition to imprisonment under any other section

  • Cognizable & Triable by any Magistrate

  • Bailable

  • Non-compoundable.

5. Wrongful confinement in secret

According to Section 346, “Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement”.

Classification of offence

  • Punishment - Imprisonment for 2 years, in addition to imprisonment under any other section

  • Cognizable & Triable by any Magistrate

  • Bailable

  • Compoundable by the person confined with the permission of the court.

6. Wrongful confinement to extort property, or constrain to illegal act -

According to Section 347, “Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine”.

Classification of offence

  • Punishment - Imprisonment for 3 years and fine

  • Cognizable & Triable by any Magistrate

  • Bailable

  • Non-compoundable.

7. Wrongful confinement to extort confession, or compel restoration of property-

According to Section 348, “Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine”.

Classification of offence

  • Punishment -Imprisonment for 3 years and fine

  • Cognizable & Triable by any Magistrate

  • Bailable

  • Non-compoundable.

Difference between wrongful restraint and wrongful confinement:


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