The Meaning of Wrongful Confinement in Indian Penal code: A Study

In Partial fulfilment of the Requirement Prescribed For

B.A. LL.B (Hons.), IVth Semester

SCHOOL OF LAW

MANIPAL UNIVERSITY JAIPUR

UNDER SUPERVISION OF- SUBMITTED BY-

Prof. T. Bhattacharya Mamta (IV Semester)

Associate Professor 151301047
B.A. LL.B (Hons)
 CERTIFICATE

This is to certify that Ms.Mamta Bisht student of B.A. LL.B (Hons.) second semester school of
Law Manipal University Jaipur has completed the project work entitled The meaning of
wrongful confinement in Indian Penal Code under my supervision and guidance.
It is further certifying that the candidate has made sincere efforts for the completion of the
project work.

Supervisor Name
Prof. T Bhattacharya
Associate Professor
 ACKNOWLEDGEMENT

I express deep sense of gratitude and ineptness to our teacher Prof. T Bhattacharya under whose
guidance valuable suggestions, constant encouragement and kind supervision the present project
was carried out. I am also grateful to college faculty of law for their feedback and for keeping us
on schedule.
I also wish to express my sincere thanks to my friends who held directly or indirectly by giving
their valuable suggestions.
 CONTENTS

INTRODUCTION ........................................................................................................................................ 5
WRONGFUL CONFINMENT ..................................................................................................................... 6
PUNISHMENT FOR WRONGFUL CONFINEMENT ............................................................................... 7
 INTRODUCTION 1

The illegal confinement of one individual against his or her will by another individual in such a
manner that violates the confined individual's right to be free from restraint of movement can be
defined as wrongful confinement.
Section 340 of the Penal Code 1860 discusses the offence of wrongful confinement which states
that if a person wrongfully restrains somebody in such manner because of which confined person
is prevented from proceeding beyond certain limits, then it will amount to wrongful confinement.
As for example: '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'.
Wrongful restraint means to voluntarily obstruct any person to prevent that person from any
particular proceedings in which confined person has right to proceed. Provided that, if any
person obstructs any private way over land or water in good faith believing to have rights on that
is not an offence. Section 339 of the Penal Code 1860 defines this offence and lays down the
exception too.

Punishment

Punishment for wrongful restraint has been provided in the Penal Code under section 341,
whereby a person who wrongfully restraints any other person shall be punished with simple
imprisonment for a term which may extend to one month or fine which may extend to five
hundred taka or both. The punishment for wrongful confinement has been dealt with in section
342 of the Penal Code, which states that a person who confines another person wrongfully shall
be punished with imprisonment of either description for a term which may extend to one year or
fine which may extend to one thousand taka or with both.
If any person wrongfully confines any other person for three or more days he shall be punished
with imprisonment of either description for a term which may extend to two years or fine or both
according to section 343 of the Penal Code.
If confinement extends to ten or more days then the offender shall be punished with

1
http://shodhganga.inflibnet.ac.in/bitstream/10603/33145/4/chapter%204.pdf
imprisonment of either description for a term which may extend to three years and shall also be
liable for fine.

2
WRONGFUL CONFINMENT

SECTION 340: Whoever wrongfully restrain any person in such a manner as to prevent
that person from proceeding beyond certain circumscribing limits, is said wrongfully to
confine that person.

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.

This section defines wrongful confinement. It says that whosoever wrongfully restrains any
person in such manner as to prevent that person from proceeding beyond certain circumstances
limits is said wrongfully to confine that person.

Following essential elements are made out from the analysis of Sec. 340:

a) The accused must have committed a wrongful restraint within the meaning of Sec. 339.

b) By such wrongful restraint the victim must have been prevented from proceeding beyond
certain circumscribing limits.

2) GM Rangacharya, 1985: Held: For wrongful confinement no wall, wire or enclosure is

necessary. Confinement may be effected even in an open land.

2
Prof. T. Bhattacharyya, the Indian Penal Code, 8th Edition, Central Law Agency, Page no 568-570.
3) Malice is not essential for wrongful confinement. The time/period of confinement is also not
material except in the matter of punishment (to determine punishment). A person may be
wrongfully confined even without being aware of that (no knowledge of confinement).

Punishment for Wrongful Confinement

Section- 342: Imprisonment of either description up to one year or with fine up to Rs. 1000 or
with both. Wrongful confinement is also a tort. Under law of torts, it is known as false
imprisonment or false arrest. The victim any institute civil as well as criminal proceedings
simultaneously.

Wrongful Restraint

a) It is partial restraint of the personal liberty of a person.

b) It does not imply wrongful confinement.

c) It does not require any limits or boundary.

d) In wrongful restraint movement in only one or some direction is obstructed leaving thereby a
choice for victim to move in any other direction.

Wrongful Confinement

a) It is absolute or total restraint or obstruction of personal liberty.

b) It implies wrongful restraint.

c) It requires certain circumscribing limits which are always necessary.

d) In wrongful confinement movement in all directions is obstructed and a person is either not
allowed to move or is compelled to move against his wishes
 Distinction between wrongful restraint and wrongful confinement3

The offence of wrongful restraint differs from the offence of wrongful confinement in the
following manners:-

i) Offence of wrongful restraint is the genus, whereas the offence of wrongful confinement is a
species. Wrongful confinement is severe form of wrongful restraint.

ii) In the offence of wrongful restraint, the offender obstructs the victim from proceeding to any
particular direction towards which he had right to proceed. But in the offence of wrongful
confinement, the offender obstructs the victim from proceeding beyond certain circumscribing
limits towards which he had right to proceed.

iii) In the offence of wrongful restraint, the restraint is partial; the victim could proceed towards
any other direction than towards the direction he was restrained. But In the offence of wrongful
confinement, the restraint is total; the victim could not proceed towards any direction.

iv) Wrongful confinement is a more serious offence than wrongful restraint

Degree of Offense4
Wrongful restraint is not a serious offence, and the degree of this offense is comparatively lees
then confinement.
Wrongful confinement is a serious offence, and the degree of this offense is comparatively
intensive then restraint.
Principle element
Voluntarily wrongful obstruction of a person personal liberty, where he wishes to, and he have a
right to.
Voluntarily wrongfully restraint a person where he wishes to, and he has a right to, within a
circumscribing limits.
Personal liberty

3
Ratanlal & Dhirajlal, the Indian penal code, 34th Edition, Lexis Nexis, page no 795-798.

4
http://likemindness.blogspot.in/2010/11/wrongful-restraint-and-wrongful.html
It is a partial restraint of the personal liberty of a person. A person is restraint is free to move
anywhere other than to proceed in a partial direction.
It is an absolute or total restraint or obstruction of a personal liberty.
Nature
Confinement implies wrongful restraint.
Wrongful confinement not implies vice-versa.
Necessity
No limits or boundaries are required
Certain circumscribing limits or boundaries require.

Conclusion persuasion is not obstruction, physical presence, for obstruction is not necessary,
reasonable apprehension of force is sufficient, restraint implies will and desire are some of the
salient features of such decisions.
 WEBLIOGRAPHY5

http://shodhganga.inflibnet.ac.in/bitstream/10603/33145/4/chapter%204.pdf
https://victorianpersistence.files.wordpress.com/2013/11/doc-3-wrongful-
confinement.pdf
http://likemindness.blogspot.in/2010/11/wrongful-restraint-and-wrongful.html
http://www.advocatekhoj.com/library/bareacts/indianpenalcode/342.php?Title=Indian%2
0Penal%20Code,%201860&STitle=Punishment%20for%20wrongful%20confinement

BIBLIOGRAPHY

Prof. T. Bhattacharyya, the Indian Penal Code, 8th Edition, Central Law Agency, Page no
568-570.
Ratanlal & Dhirajlal, the Indian penal code, 34th Edition, Lexis Nexis, page no 795-798.

5
Accessed electronically on 3rd March, 2017.