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.

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) 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) 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.

Comments

Offences Relating to Marriage , Adultery and Bigamy

Offences Relating to Marriage (Section 493 to 498): Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are: a) Mock Marriage b) Bigamy c) Adultery 1. Mock Marriage: Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine. Ingredients: a) The accused has done sexual intercourse with the prosecution. b) He has not legally married to her. c) She has given a consent for sexual intercourse believing that he would marry. d) Such belief in her was induced by the accused. Marriage ceremony fraudulently done without lawful marriage (Sec-496): As per sec-496, Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine. Ingredients: a)...

Law relating to Abetment (Section 107 to 120)

Law relating to Abetment explanation and also when an abetment committed outside India is said to be an offence committed in India? Abetment: (Section 107 to 120): A person abets the doing of a thing if he: 1) Instigates another to do that thing, or 2) Conspires with others in the doing of-the act or 3) Intentionally aids the doing of that thing E.g: A, a police officer, with a Warrant is empowered to arrest Z. B, who knew this, instigated A to arrest C who he mis-represented as Z. A arrests C. B abets. General advice is not abetment. Abetment by instigation: Instigation means the instigator actively suggests, or stimulates by any means i.e., by words, hints, encouragement etc. Abetment by conspiracy: For this there should be at least two persons, engaged in commission of an act in pursuance of conspiracy and there should be the doing of the thing. Abetment by aid: The person aids to facilitate commission of an offence. It should be intentional aid. E.g: supplying of food to facilitate...

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1) to over-throw by criminal force the Government or the legislature or 2) To resist the execution of any legal process 3) To commit mischief (Sec-425), criminal trespass (441) 4) To obtain property or right by criminal force or 5) To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1) The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2) This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...

Trilok Gupta's Blog

Search This Blog