ILLEGAL CONFINEMENT AND WRONGFUL RESTRAINT

Article by Muskan singh at lexcliq

 

Illegal confinement and wrongful restraint :

The provisions of Indian penal code, 1860 defines the act of illegal or wrongful confinement of any person and wrongful restraint under sections 339 & 349. Before understanding the context “confinement and restraint” we need to understand what is the right interpretation of the term “illegal or wrongful”. These terms refer to any act which is unjust, unfair, injurious, unlawful or negligent in nature and amounts to any kind of civil wrong.

 

Now let us understand what’s wrongful restraint, what exactly the term restraint means ?

Restraint means-  The action of keeping someone or something under control or, restricting someone’s personal liberty or freedom of movement. If a person with purpose and intention obstructs another person’s way and prevent him to move in a way on which he has a lawful right to move, is said to be wrongfully restrained that person.

 

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”.

This section has an exception in which, “If a person in good faith believes that he has a lawful right to obstruct and so if he obstructs any private way over any land or water, then doesn’t amount to wrongful restraint”.

 

Punishments for wrongful restraint :

Under section 341 of the Indian penal code

“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.”

 

What is illegal or wrongful confinement ?

The term confinement means restraining someone at any place or within boundaries or restricting a person’s right to move within restricted limits in which he has a right to move. Wrongful confinement is full restraint because a person is restricted within a defined space or area.

 

Definition :

According to the section 340 of the Indian penal code

“Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person”.

 

Punishments for wrongful confinement :

Under section 342 of the Indian penal code

“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”.

 

Under section 343 of the Indian penal code

Wrongful confinement for three or more days.

“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”.

 

Under section 344 of the Indian penal code

Wrongful confinement for ten or more days.

“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”.

Under section 345 of the Indian penal code

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

“Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of the 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”.

 

Under section 346 of the Indian penal code

Wrongful confinement in secret.

“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”.

 

Under section 347 of the Indian penal code

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

“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”.

 

Under section 348 of the Indian penal code

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

“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.”

Simple difference between both the legal terminologies :

Wrongful restraint means obstructing a man from moving from one place to another where he has the right to be and wants to go.

Wrongful confinement, a person is wrongfully restrained from proceeding beyond certain circumscribing limits.

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