According to Section 340 of the Indian Penal Code
“We” say that whoever voluntarily obstructs any person to prevent them from proceeding in any direction in which they have a right to proceed, wrongfully restrains that person.
Wrongful confinement is defined under Section 340 of the Indian Penal Code. 1860. It is serious offence. Section 342 of the Indian Penal Code provides punishment for wrongful confinement.
Definition
Wrongful confinement Section 340 of the Indian Penal Code 1860 defines wrongful confinement as, “whoever wrongfully
“We” say that if any person restrains another person in such a manner as to prevent them from proceeding beyond certain circumscribing limits, they are said to “wrongfully confine” that person.
Illustration
- A moves Z into a walled location and locks him there. As a result, Z is unable to move beyond the wall’s circumscribing line in any direction. Z is wrongly imprisoned by A.
- 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.
Essential ingredients
- Unlawful restraint of a person, and
- The restraint must aim to prevent that person from going beyond specific circumscribing bounds beyond which she has the legal right to go.
- There must be complete restraint, not partial restraint.
Punishment for wrongful confinement
Section 342 of the Indian Penal Code says that, 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. The offence under Section 340 of the Code is cognizable, bailable compoundable and triable by any magistrate.
340 IPC Case Laws (Supreme Court and High Courts)
| Per Patterson J. In Bird v. Jones (1845) 7 QB 742 |
| Paran Kusam v. Stuart (1865) 2 MHCr 396 |
| Mohammad Din (1894) PR No. 36 |
| Bhagwat 1971 Cr.LJ. 1222 |
| Shamlal Jairam v. Emperor 4 Bom. LR 79 |
| Paran Kumar v. Stuart (1865) 2 MHCr 396 |
| Dhamia v. F.L. Clifford (1888) 13 Bom 376 |
| The Acting Government Pleader v. Venkatachala Mudali (1881) 1 Weir 341 |
| Suprosunno Ghosaul (1866) 6 WR (Cr) 88 |
| Gopal Naidu (1922) 46 Mad 605 |
| Baistab Charan Shaha (1902) 30 Cal 95 |
| Shimbhu Narain (1923) 45 All 495 |
FAQs on Wrongful Confinement under IPC
Wrongful restraint (Section 339) occurs when a person voluntarily obstructs another person’s movement in a direction they have the right to proceed. On the other hand, wrongful confinement (Section 340) happens when a person unlawfully restrains another person within specific circumscribing limits, preventing them from moving beyond those bounds, even though they have the legal right to do so.
The essential ingredients of wrongful confinement are unlawfully restraining a person and aiming to prevent them from going beyond specific circumscribing bounds beyond which they have the legal right to go. It must be complete restraint, not partial restraint.
The punishment for wrongful confinement is simple imprisonment of either description for a term that may extend up to one year, or a fine that may extend up to one thousand rupees, or both. The court determines the exact punishment based on the specific circumstances of the case.
Read also:- IPC Section 339: Wrongful Restraint
IPC Section 340: Wrongful confinement
