Wrong Restraint and Wrongful Confinement under IPC PDF

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Rough Draft on Wrongful restraint and Wrongful Confinement under IPC...

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“W RONGFUL RESTRAINT AND WRONGFUL CONFINEMENT UNDER IPC” Submitted by: Rekha Kumari, (2249) BBA LLB (Hons.) Submitted to: Ms. Preety Anand Assistant Professor of Law This rough draft is submitted in the partial fulfilment in Criminal Law- I for the completion of BBA L.L.B course.

3rd September 2020 Chanakya National Law University, Patna

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INTRODUCTION Under the Constitution of India, in Articles 19 and 21, every person throughout the territory of India is conferred with the right to freedom of movement and is guaranteed personal liberty. In furtherance of this objective set up by the Constitution, the Indian Penal Code lays down penal sanctions in case a person violates the freedom of movement or personal liberty of another. This is done so as to safeguard an individual’s right to liberty against deprivation by another individual or groups other than State (as fundamental rights only place an obligation on the state). Section 339 and 340 of Indian Penal Code define Wrongful Restraint and Wrongful Confinement respectively. The Indian Penal Code, 1860 makes wrongful restraint and wrongful confinement punishable under Section 339 to 348. Wrongful restraint means obstructing a man from moving from one place to another where he has the right to be and wants to go. Section 340 of the IPC defines Wrongful Restraint. Wrongful Confinement is a kind of wrongful restraint where a person is kept within the limit out of which he wishes to go and has a right to go. Section 340 of the IPC defines Wrongful confinement. However, since both the sections seems to be synonymous but are having a slight difference. In the “wrongful restraint” the victim is obstructed from proceeding in any specific direction or a particular area. So it focuses on restrain in moving in a specific direction, although he may be free to go elsewhere. But confinement relates to confined in a particular place and is not allowed to go out of that place. Hence, the “wrongful restraint” is much milder than the “wrongful confinement”. In this paper, the researcher will conduct a detailed study of concept of wrongful restraint and wrongful confinement under IPC and its application in practical world by studying several case laws.

RESEARCH QUESTIONS 1. What is Wrongful restraint? 2. What are the essential ingredients of Wrongful restraint? 3. What is Wrongful Confinement? 2

4. What are the differences between Wrongful restraint and Wrongful Confinement?

AIMS AND OBJECTIVE The main objective of the study is to develop well knowledge about the concept of Wrongful Restraint and Wrongful Confinement under IPC and the application of same in various cases.

HYPOTHESIS Persuasion is not obstruction, physical presence, for obstruction is not necessary, reasonable apprehension of force is sufficient to be held liable for such offence.

RESEARCH METHODOLOGY Since the research is a non doctoral one, therefore the data would be mainly collected from secondary sources of information. These will include bare acts, books, legal database such as Manupatra and SCC Online for case laws and other internet sources.

TENTATIVE CHAPTERISATION: •

Definition- Wrongful Restraint

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Essentials of Wrongful Restraint

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Objective of Section 339 of IPC

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Punishment for Wrongful Restraint

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Case laws regarding Wrongful Restraint

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Definition- Wrongful Confinement

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Essentials of Wrongful Confinement

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Objective of Section 340 under IPC

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Types of Wrongful Confinement

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Punishment for Wrongful Confinement

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Other Aggravated forms of Wrongful Confinement

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Case laws regarding Wrongful Confinement

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Distinction between Wrongful Restraint & Wrongful Confinement

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Conclusion

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Bibliography

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