No
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Wrongful
Restraint
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Wrongful
Confinement
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1
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Meaning :
Wrongful
restraint means obstructing a man from moving from one place to another where
he has the right to be and wants to go.
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Meaning :
In wrongful confinement,
a person is wrongfully restrained from proceeding beyond certain
circumscribing limits.
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2
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Definition:
Section 339 of the Indian Penal Code defines
wrongful restraint as, “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.”
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Definition :
Section 340 of
Indian Penal code defines Wrongful confinement as “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.”
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3
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Illustrations:
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 path. Z is thereby prevented from passing. A
wrongfully restrains Z.
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Illustrations:
I) A causes Z
to go within a walled space, and locks Z. Z is thus prevented from proceeding
in any direction beyond the circumscribing line of wall. A wrongfully
confines Z.
II) A places
men with firearms at the outlets of a building, and tells Z that they will
fire at Z if Z attempts leave the building. A wrongfully confines Z.
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4
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Seriousness:
Wrongful
restraint is not serious as wrongful confinement and hence lesser punishment
is provided by the code.
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Seriousness:
Wrongful
confinement is serious offence and hence more punishment provided by the
code.
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5
|
Punishment :
Whoever
wrongfully restrains any person shall be punished with simple imprisonment
for a term which may extend to one month, or with fine which may extend to
five hundred rupees, or with both.
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Punishment :
Whoever
wrongfully confines any person shall be punished with simple imprisonment of
either description for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both.
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