No

Wrongful Restraint

Wrongful Confinement


1

Meaning :

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


Meaning :

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

2

Definition:


     Section 339 of the Indian Penal Code defines wrongful restraint as, “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.”


Definition :


Section 340 of Indian Penal code defines Wrongful confinement as “Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.”

3

Illustrations:

I) 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.


Illustrations:

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

II) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts leave the building. A wrongfully confines Z.


4

Seriousness:  

Wrongful restraint is not serious as wrongful confinement and hence lesser punishment is provided by the code.


Seriousness:

Wrongful confinement is serious offence and hence more punishment provided by the code.

5

Punishment :

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.

Punishment :

 Whoever wrongfully confines any person shall be punished with simple 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.








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