Skip to main content

False Imprisonment

                        False Imprisonment

False imprisonment is a common law wrong and also a tort which is dealt with in the form of wrongful confinement defined under the Section 340 of the Indian Penal Code, 1860. To define what the false imprisonment literally means, it is restraining the person in a confined area without any justification or the person’s consent. It may be of private detention or governmental detention. It is not essentially required that the person is actually put behind the bars or confined in any area where there is not a possibilty to escape but if the person who is boounded in an area feels that he is confined and not any way to free that space, then it will be said as false imprisonment. The only requirement in this that a reasonable person should feel that he is confined. For example, if a person’s is confined in a particular room by the government authorities without any justification to the person confined or his or her family members, not even the lawyer then the it will be said as false imprisonment. It doesn’t matter that it is done by the State because what really matters is the reason which has not been told to any person who is in some or the other manner conneceted to the plaintiff. In that case, the family members and the lawyer can bring a suit against the State in the court and can also file a writ of ‘Habeas Corpus’ that literally means ‘Now you may have the body’. Also, it should be added that the degree of detention or the imprisonment of the plaintiff does not matter but it is the absence of lawful authority to justify the unlawful confinement which is of relevance. Therefore, false imprisonment is actually an intentional tort like any of those such as assault, battery, unlawful harassment and invasion of privacy. In other words, it can also be said as the trespass to the person or any individual.

With accusation, there are some defence which the defendant can take in the case of consent of the plaintiff or voluntary assumption of the risk, probable cause and contributory negligence. The defendant can argue in the court of law that the plaintiff was confined because he consented to that act. He had full knowledge of the incident which took place and he voluntary took that. In these circumstances, the defendant will get complete defence and will not be liable for anything but in the case of contributory negligence, the complete defence will not be granted. The reason behind it is the plaintiff may have contributed to the act which happened with him or her but he was not wholly wrong. The defendant was liable and if he would have not initiated it in the first place, then this whole incident would have not taken place. The only remedy in this case which will be provided to the defendant will be that his some part of damages will be mitigated and then he will only have to pay some amount. Also, reasonable care and acting in good faith doesn’t matter in this tort and the person will still be sued for that.

Therefore, the remedies which are available to the plaintiff in this case is damages, writ of habeas corpus and self help. Apart from that, it depends on the circumstances.



Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti