Section 339 - Wrongful Restraint - 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.
Ingredients of the Section
1. A person must
voluntarily obstruct another person.
2. Such
obstruction must be with a view to prevent the other person from proceeding in
any direction.
3. The other
person must have a right to proceed in the direction which is obstructed.
4. If the above
three conditions are fulfilled, there will be wrongful restraint.
Exception
- The obstruction of a private way over land or water which a person in good
faith believes himself to have a lawful right to obstruct, is not an offence
within the meaning of this section.
Ingredients
of the Exception
1. There must be
an obstruction of a private way.
2. Such
obstruction must be over land or water.
3. Such
obstruction must be made by a person who in good faith believes himself to have
a lawful right to obstruct.
4. If the above
three conditions are fulfilled, there will be no wrongful restraint.
Illustration
- 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.
Punishment
for Wrongful Restraint - Section 341 - Up to one month simple
imprisonment or fine of Rs. 500/- or both.
Classification
of Offence
- Cognizable
- Bailable
- Triable by any
Magistrate
- Compoundable
by the person restrained or confined
Section 340
- Wrongful Confinement - 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.
Ingredients
1. There must be
wrongful restraint of a person.
2. The wrongful
restraint must be such as to prevent that person from proceeding beyond certain
circumscribing limits.
3. When the
above two conditions are fulfilled, there will be wrongful confinement.
Illustrations
(a) A causes
Z to go within a walled space, and locks Z in. A is thus prevented from
proceeding in any direction beyond the circumscribing line of wall. A
wrongfully confines Z.
(b) A places
men with firearms 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.
Punishment
for Wrongful Confinement - Section 342 - Up to one year imprisonment
of either description or fine of Rs. 1000/- or both.
Classification
of Offence
- Cognizable
- Bailable
- Triable by any
Magistrate
- Compoundable
by the person restrained or confined
Types of
Wrongful Confinement
Section 343 -
Wrongful confinement for 3 or more days
Punishment
- Up to two years imprisonment of either description or fine or both.
Classification
of Offence
- Cognizable
- Bailable
- Triable by any
Magistrate
- Compoundable
by the person confined with the permission of the Court
Section 344
- Wrongful confinement for 10 or more days
Punishment
- Up to three years imprisonment of either description and fine.
Classification
of Offence
- Cognizable
- Bailable
- Triable by any
Magistrate
- Compoundable
by the person confined with the permission of the Court
Section 345
- Wrongful Confinement of person for whose liberation writ has been issued
Punishment
- Up to two years imprisonment of either description in addition to any term of
imprisonment to which he may be liable under any other section of Chapter XVI
(Of offences affecting the Human Body)
Classification
of Offence
- Cognizable
- Bailable
- Triable by
Magistrate of the First Class
-
Non-Compundable
Section 346
- Wrongful Confinement in Secret - Whoever wrongfully confines any
person in such manner as to indicate an intention that the confinement of such
person may not be known to any person interested in the person so confined, 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 hereinbefore mentioned...
Ingredients
1. There must be
wrongful confinement of a person.
2. Such
confinement must be with an intention that it may not be known or the place of
such confinement may not be known or discovered.
3. The intention
of concealing the knowledge of such confinement or the place of such
confinement must be specifically directed against any person interested in the
person confined or any public servant.
4. If the above
three ingredients are fulfilled, there will be wrongful confinement in secret.
Punishment
- Up to two years imprisonment of either description in addition to any other
punishment to which he may be liable for such wrongful confinement.
Classification
of Offence
- Cognizable
- Bailable
- Triable by
Magistrate of the First Class
- Compoundable
by the person confined with the permission of the court.
Section 347
- Wrongful Confinement to extort property, or constrain the illegal act
- Whoever wrongfully confines any person for the purpose of extorting 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 offence...
Ingredients
1. There must be
wrongful confinement of a person.
2. Such wrongful
confinement must be for the purpose of:
- Extorting any property or valuable security OR
- Constraining to do anything illegal OR
- Constraining to give any information which may facilitate the commission of an offence
from the person
confined or any person interested in the person confined.
3. If the above
conditions are fulfilled, there will be wrongful confinement to extort
property, or constrain the illegal act.
Punishment
- Up to three years imprisonment of either description and fine.
Classification
of Offence
- Cognizable
- Bailable
- Triable by any
Magistrate
-
Non-Compoundable
Section 348
- Wrongful Confinement to extort confession or compel restoration of
property - Whoever wrongfully confines any person for the purpose of
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
any offence or misconduct or for the purpose of constraining 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...
Ingredients
1. There must be
wrongful confinement of a person.
2. Such wrongful
confinement must be with a purpose of:
- Extorting any confession or any information which may lead to the detection of any offence or misconduct OR
- Constraining 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
from the person
confined or any person interested in the person confined.
3. If the above
conditions are fulfilled, there will be wrongful confinement to extort
confession or compel restoration of property.
Punishment
- Up to three years imprisonment of either description and fine.
Classification
of Offence
- Cognizable
- Bailable
- Triable by any
Magistrate
- Non-Compundable
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