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    Wednesday, 18 October 2017

    Wrongful Restraint and Wrongful Confinement and difference between two

    1. INTRODUCTION
    Section 339 to 348 of PPC provide for offences relating to wrongful restraint and wrongful confinement. Section 339 of the PPC defines wrongful restraint whereas section 340 defines the wrongful confinement. While section 341 and 342 of the PPC declared wrongful restraint and wrongful confinement as offence and also prescribe their punishment.

    2. WRONGFUL RESTRAINT MEANING AND DEFINITION
    The expression "wrongful restrairit" implies keeping a man out of a place where he wishes a right to be.

    3. Scope and applicability of section 339
    Section 339 relates to voluntary obstruction by a person and not to obstructions which are not voluntarily continued by persons accused of obstruction throughout the time it lasts. Before a person can be convicted of an offence of wrongful restraint, the prosecution must prove that the complainant had a right as distinguished from a license to proceed in a particular direction or that he had a right of way.

    4. Illustration of wrongful restraint
    The following illustrations elucidate the meaning of wrongful restraint.

    (I) ILLUSTRATION-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 pat. Z is thereby prevented from passing. A wrongfully restraints Z.

    II. ILLUSTRATION
    A threatens to set a savage dog at Z goes along a path along which Z has a right to go Z is thus prevented from going along that path. A wrongfully restraints Z.

    From these illustrations it will appear that a person may obstruct another by causing it to appear to that other impossible, difficult or dangerous to proceed as well as by causing it actually to be impossible difficult or dangerous for that other to proceed.

    5. ESSENTIAL OF WRONGFUL RESTRAINT


    In order to constitute an offence of wrongful restraint the following ingredients must be established:
    (i) That there is an obstruction,
    (ii) That the obstruction prevents a person from proceeding in any direction, and
    (iii) That the person so proceeding has a right to proceed in the direction concerned.

    6. PUNISHMENT FOR WRONGFUL RESTRAINT

    Whoever wrongfully restraints any person shall be punished with:
    (i) simple imprisonment for a term which may extend to one month; or
    (ii) with fine which may extend to one thousand five hundred rupees: or
    (iii) with both.

    7. WRONGFUL CONFINEMENT MEANING AND DEFINITION

    (I) MEANING
    Wrongful confinement means to illegally limit or constraint a person into boundaries or walls (Marriarn Webster Dictionary).

    (II) DEFINITION U/SEC. 340
    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.

    8. SCOPE OF SECTION 340
    An essential ingredient of this  offence is physical obstruction to the movement of a person. There must be a total restraint, not partial one. If one man merely obstructs the passage of: another in a particular direction, whether by threat of personal violence or otherwise, leaving him at liberty to stay where he is or to go in any other direction if he pleases, he cannot be said thereby to imprison him.

    9. ILUSTRATIONS OF WRONGFUL CONFINEMENT

    ILLUSTRATION-I
    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 lines of wall. A wrongfully confines Z.

    ILLUSTRATION-11
    A places mien with fire-arms at the outlets of a building, and tells Z. that they will fire at Z. if Z attempts to leave the building. A wrongfully confines Z.

    10. ESSENTIALS OF WRONGFUL CONFINEMENT

    Following are the essentials of     wrongful confinement.

    (I) RESTRAINT
    To constitute wrongful confinement, it is necessary that accused has wrongfully restrained a person.

    (II) PREVENT THAT PERSON FROM PROCEEDING CERTAIN CIRCUMSCRIBING LIMITS
    Such restraint must prevent that person from proceeding beyond certain circumscribing limits beyond which he has a right to proceed.

    (III) TOTOAL RESTRAINT
    To constitute wrongful confinement it is essential that There must be a total restraint, not a partial one. If one name merely obstructs the passage of another in a particular direction, whether by threat of a personal violence or otherwise leaving him at liberty to stay where he is or to go in any other direction if the pleases, he cannot be said thereby to confine him. Confinement is a total restraint on the liberty of the person, for however short a time and not a partial obstruction of his will whatever inconvenience it may bring on him.

    11. PROOF OF WORNGFUL CONFINEMENT
    Proof of actual obstruction is not essential to support a charge of wrongful confinement. It must in each case, he proved that there was at least such impression produced in the mind of the person detained as to lead to him reasonably to believe that he was not free from to departs and that he would be forthwith restrained if the attempted to do. Thus the belief that he could not depart without being seized immediately then it would be proper to hold that he was obstructed and confined.

    12. DURATION OF WORNGFUL CONFINEMENT
    The time during which a person is kept in wrongful confinement is immaterial except with reference to the extent of punishment. Detention through the exercise of moral force, without the use of physical force is sufficiently to constitute offence.

    13. PUNISHMENT FOR WRONGFUL CONFINMENT U/SEC. 342
    Whoever wrongfully confines any person shall be punished with;
    i. Imprisonment of either description for a term which may extend to one  year or,
    ii. Fine which may extend to three thousand rupees.

    14. Difference between Wrongful Restraint and wrongful obstruction

    a. Nature of obstruction
    In wrongful restraint, the curtailment of restraint is partial while in wrongful confinement curtailment of liberty is total.

    b. Area of obstruction
    Wrongful restraint keeps a man out of place where he wishes to be. Wrongful confinement keeps the man struck within certain circumscribed limits.

    c. Restriction on movement
    In wrongful restraint, the person is restrained to proceed in a particular direction. In wrongful confinement he is restrained from proceeding in any direction.

    d. Intensity of offence
    Lastly, wrongful confinement is a more serious offence inasmuch as it prescribes punishment with imprisonment, simple or rigorous extending to one year, or fine up to Rs 1,000 or both while wrongful restraint is punishment with simple imprisonment up to one month or with fine up to Rs 500 or both.

    15. Analysis

    In last to conclude i can say that wrongful restraint means keeping a man out of a place where he wishes and a right to be and wrongful confinement means to illegally limit or constraint a person into boundaries and walls. 
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    Item Reviewed: Wrongful Restraint and Wrongful Confinement and difference between two Rating: 5 Reviewed By: Usman Ali
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