Section 340 Wrongful confinement. –Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Illustrations
- A causes Z to go within a walled space, and locks Z in, Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
- 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.
Ingredients
Ingredients. -The following are the essential ingredients of the section :
- Wrongful restraint of a person;
- Such restraint must prevent that person from proceeding beyond certain circumscribing limits.
- Wrongful Confinement and wrongful restraint :
From the definition, it is evident that ‘wrongful confinement’ is a species of wrongful restraint’ as defined in section 339 IPC, 1860. While, in wrongful restraint’, there is only a partial suspension one’s liberty, ‘wrongful confinement’ reflects total suspension of liberty beyond certain prescribed limits. The period of suspension is immaterial for constituting an offence of wrongful confinement’ or ‘wrongful restraint.
- Prevent from proceeding
Wrongful confinement is a kind of wrongful restraint in which a person is kept within the limits out of which he wishes to go and has a right to go. There must be a total restraint of the personal liberty of a person and not merely a partial restraint to constitute confinement.
Total restraint of the personal liberty of a person leaving no choice for him to move in any direction for howsoever short a period it may be, amounts to wrongful confinement. If a person merely obstructs the passage of another in a particular direction, whether by threat of personal violence or otherwise leaving him at liberty to stay where he is or to go in any other direction if he pleases, he is restraining him, it may be wrongfully, but it does not amount to confinement, legal or illegal.
There can be no wrongful confinement when a desire to proceed has never existed and not it is said to be confinement if consented by the person affected.
Nania vs State of MP
Where a person was forced to walk under duress to a particular direction , it amounts to an offence of wrongful confinement.
Period of Confinement
Time during which a person is kept in wrongful confinement is immaterial.
Punishment for wrongful Confinement
One year imprisonment or with fine of 1000/- or with both.
Distinction between wrongful restraint and wrongful confinement:-
- Wrongful restraint is partial restraint of the personal liberty of a person; wrongful confinement is absolute or total restraint or obstruction of personal liberty.
- Wrongful confinement implies wrongful restraint but vice-versa is not correct. Wrongful confinement is a form of wrongful restraint.
- In wrongful confinement certain circumscribing limits are always necessary, but in wrongful restraint no such limits or boundaries are required.
- 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; but in wrongful restraint movement in only one or some direction is obstructed leaving thereby a choice for the victim to move in any other direction.
