The constitution of India confers the Right to freedom of movement to every person throughout the territory of India and guarantees personal liberty under Article 19 and 21. Wrongful Confinement and Wrongful Restraint are two crimes which are punishable under the Indian Penal Code. These offences are not only against the human body but also restrict the person from his Right to Freedom.
Section 339 of Indian Penal Code defines “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.
Exception- The obstruction of a private way over land or water in which a person in good faith believes himself to have a lawful right to obstruct, is not an offense within the meaning of this section.
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.
Section 339 of the Indian penal code defines wrongful restraint. Restraint means an abridgment of the liberty of a person against his will. It means obstructing a man moving from one place to another place where he has right to be and wants to go.
The essential ingredients of Wrongful Restraint are:
1. A person causes obstruction to any person.
2. Such obstruction is caused voluntarily.
3. The obstruction must be such as to prevent that person from proceeding in any direction in which he has the right to proceed.
The obstruction of a private way over land in which a person in Good Faith believes himself to have a lawful right to obstruct is not an offense within the meaning of this section.
The offense of Wrongful restraint is punishable under Section 341 of IPC: “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.
Section 340 of the Indian Penal Code defines “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.
The term “Wrongful Confinement” means when a person is wrongfully restrained from proceeding beyond certain circumscribing limits. According to Section 340 of IPC, “Who¬ever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, said wrongfully to confine that person.”
The essential ingredients of Wrongful Confinement are:
1. The offender should have wrongfully confined the victim
2. Such wrongful restraint was to prevent the victim from proceeding beyond certain circumscribing limits beyond which he/she has the right to proceed.
Illustration: A causes Z to go within a walled space, and locks Z in thus preventing him from proceeding in any direction beyond the circumscribing line of wall. Here, A has wrongfully confined Z.
This offense is punishable under Section 342 of IPC. According to Section 342, “Whoever wrongfully confines any person shall be punished with 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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