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WRONGFUL RESTRAINT AND CONFINEMENT (Section 339-340)

WRONGFUL RESTRAINT AND CONFINEMENT (Section 339-340)

Wrongful restraint and wrongful confinement are two offences according to the I.P.C. under Sec- 339 and 340, which punishes the individuals for the violation of a person's movements.

Wrongful restraint (Section 339):

A person who voluntarily obstructs another, so as to prevent him from proceeding in any direction in which that person had a right to go, is guilty of wrongful restraint.

Exception:
A person who, in good faith, believes that he has a right to pass.

Eg:
1) A removed the ladder and prevented B from getting down the roof of a

house.
2) A builds a wall across a path along which B had a right to pass.

In all these cases the accused is guilty of wrongful restraint.

Punishment (Sec- 341):

Sec-341 provides punishment for wrongful restraint.
It is simple imprisonment for a term, which may extend to one month or with a fine which may extend up to Rs.500 or both.



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In Sobha Rani V

The King

The accused a landlord obstructed or prevented the tenant from using the bath room.
The accused was held guilty of wrongful restraint under Sec-339.

Wrongful confinement (Section 340):

A person who wrongfully restraints any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits is guilty of wrongful confinement.

Eg:

  1. 1)  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 is guilty.

  2. 2)  A keeps his men with guns and warns Z that if he ever tries to leave the

    building they would kill him. A is guilty.

    Punishment (Sec-342):

This depends on how many days a person is confined by the accused. Sec- 342 provides punishment for confinement even for a single hour. The punishment is one year imprisonment or fine of Rs.1000/- or both.

In BhimSingh V

State of Jammu and Kashmir

In this case, an MLA of Jammu and Kashmir Assembly was awarded an exemplary damage of Rs.50, 000/- by the Supreme Court for the unlawful arrest.



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