Friday, 3 June 2022

Wrongful Confinement

                     Wrongful Confinement

As per the Section 340 of the Indian Penal Code, 1860, the offence of wrongful confinement is defined as, ‘Whoever wrongfully restrains an individual in such a manner as to prevent that person from proceeding beyond certain circumscribing limits is said to have committed the offence of wrongful confinement’. At this point , the offence of wrongful restraint and wrongful confinement seem similar but its not. The key difference which lies is that in wrongful restraint, the way is obstructed be it one or two but in the case of wrongful confinement, the individual is confined in a particular space or circumscribing limit beyond which he or she cannot proceed. For example: If a person is confined into a particular room or space with all the doors closed, that act will said to be as wrongful confinement. The defendant cannot argue that a window was there on the ceiling which the plaintiff could have find if he would have explored the room. It cannot be a excuse. In any case, it will be seen from a reasonable person’s view. If  a reasonable person  can find a way or visible from his eyes, then it will not be constituted as a wrongful confinement but if he is not able to find even if a way is there then that will be a wrongful confinement. It is a offence which is cognizable, bailable and triable by any magistrate.

The main ingredients which should be essentially present for the act to constitute as a wrongful confinement is the defendant must have fulfilled all the components which are required for the wrongful restraint and the only additional thing is that it should be in a circumscribing limit beyond which he or she has the right to proceed.

The punishment which is awarded in this offence under the Section 342 of the Indian Penal Code, 1860 is that the person wrongfully confining the another person will be punished with the imprisonment of either description for a term which may extend to one year or with a fine which can extend to one thousand rupees or with both.

Further, as we move on there are types of wrongful confinement which are as follows:

  1. A wrongful confinement for a couple of days- When the wrongful confinement is there for three or more days (Section 343), then the accused will be punished with an imprisonment which may extend to two years or woth fine or both.

  2. A wrongful confinement for ten days- When the person is wrongfully confined for ten or more days (Section 344), the accused will be imprisoned which may extend to three years and will also be liable to pay fine.

  3. In case of liberation writ (Section 345)- When the person wrongfully confines another person knowing that the liberation writ of that person has been issued by the court then the imprisonment will extend to two years in addition to the actual term of imprisonment. The reason behind it is the confinement took place after the writ was duly issued and not following that amounts the violation of the decision of the court.

Therefore, there are some more types of confinements which take place and the punishment awarded in that case is slightly different but the main thing is that the imprisonment will take place of the accused or fine or both. 

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