Wrongful Restraint and Wrongful Confinement

Wrongful restraint and wrongful confinement.

Definition of wrongful restraint :The offence of wrongful restraint is defined by section 339 of the Indian Penal Code . According to this section 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 .

But there is one exception to this offence . 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 .

To constitute the offence of wrongful restraint there must have the following three ingredients :-

i) The offender obstructed the victim voluntarily ;

ii) The obstruction prevented the victim from proceeding in any particular direction ;

iii) The victim had every right to proceed to that particular direction.

Definition of wrongful confinement :The offence of wrongful confinement has been defined by section 340 of the Indian Penal Code . According to this section whoever wrongfully restrains any person in such manner as to prevent that person from proceeding beyond certain circumscribing limits , is said wrongfully to confine that person .

The essential ingredients of the offence of wrongful confinement are as follows :-

i) The offender wrongfully restrains a person ;

ii) The victim was prevented from proceeding beyond certain circumscribing limits due to such restraint ;

iii) Te victim had every right to proceed beyond that circumscribing limits.

Distinction between wrongful restraint and wrongful confinement ; 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 preceed. 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