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Showing posts with label Wrongful Confinement. Show all posts
Showing posts with label Wrongful Confinement. Show all posts

Wednesday, May 5, 2021

Other forms of Criminal Force and Assault (Ss 355-358) IPC

Section 355 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation - Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished...

Ingredients

1. The offender must assault or use criminal force on the victim.
2. Such assault or criminal force must be used with the intent to dishonour the victim.
3. Such assault or criminal force must be used otherwise than on grave and sudden provocation given by the victim.
4. If the above ingredients are fulfilled, then it will be assault or criminal force with intent to dishonour person, otherwise than on grave provocation.

Tuesday, May 4, 2021

Of Wrongful Restraint and Wrongful Confinement (Ss 339-348) IPC

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.