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Wrongful Restraint And Wrongful Confinement Wrongful Restraint And Wrongful Confinement

Bronze medal Reporter Adv. Sarika Khude Posted 26 May 2020
Wrongful Restraint And Wrongful Confinement

1. The term ‘wrongful restraint’ denotes a wilful obstruction of an individual to keep that individual from proceeding toward any path in which that individual has a privilege to continue. 

2. According to section 339 of the Indian Penal Code, “Whoever voluntarily obstructs any person 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”. 

3. There are certain exceptions to this definition. The obstruction of a private way over land or water in which a person in good faith believes him to have a lawful right to obstruct is not an offense within the meaning of this section. 

4. Section 341 of the Indian Penal Code defines punishment for wrongful restraint. It states that 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. This offense is bailable and cognizable. 

5. The term “wrongful confinement” has been explained under section 340 of the Indian Penal Code, 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. 

6. Punishment for wrongful confinement is explained under sections 342-348 of the Indian Penal Code. Section 342 states that whoever wrongfully confines any person shall be punished with imprisonment extending to one year, or with fine which may extend to one thousand rupees, or with both. This is a cognizable and bailable offense. 

7. Section 343 of the Indian Penal Code defines the punishment of wrongful confinement for three or more days. It states that whoever confines any person for three days, or more, shall be punished with imprisonment of either description for a term extending to two years, or with fine, or with both. 

8. Section 344 defines punishment of wrongful confinement for ten or more days. It specifies that whoever wrongfully confines any person for ten days or more shall be punished with imprisonment extending to three years, and shall also be liable to fine. 

9. Section 345 defines punishment for wrongful confinement of a person for whose liberation writ has been issued. It states that 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 extending to two years besides any term of imprisonment to which he may be liable under any other section of this chapter. This offense is cognizable, bailable and non-compoundable. 

10. Section 346 of the Indian Penal Code defines punishment for wrongful confinement in secret. It states that whoever wrongfully confines any person in such a manner as to show an intention that the confinement of such a person may not be known to any person interested in the person so confines, 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 herein-before mentioned shall be punished with imprisonment extending to two years besides any other punishment to which he may be liable for such wrongful confinement. 

11. Section 347 defines punishment for wrongful confinement to extort property or constraint to an illegal act. It states that whoever wrongfully confines any person to extort 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 offense shall be punished with imprisonment extending to three years, and shall also be liable to fine. 

12. Section 348 defines punishment for wrongful confinement to extort confession or compel restoration of the property. It states that whoever wrongfully confines any person for 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 offense or misconduct, or to constrain 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 extending to three years, and shall also be liable to fine. 

https://www.advocatesarika.com/2019/11/wrongful-restraint-and-wrongful.html

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