Wrongful Restraint and Wrongful Confinement

 Sec 339 – Wrongful Restraint

o Whoever VOLUNTARY OBSTRUCTS any person
o From proceeding in any direction in – which he has a Right to Proceed
o Is said wrongfully to restraint any person.
o Explanation –
 The obstruction of right of a private way over land or water
 By a person who believes in Good Faith
o That he has the Lawful right to obstruct
o Is not an offence under this section.

 Sec 341 – Punishment

o Simple Imprisonment – 1 month/ fine – Rs 500 / both.

 Sec 340 – Wrongful Confinement

o A form of wrongful restraint
o Whoever Wrongfully Restraints any person
o From Proceeding beyond certain Circumscribing Limits
o Is said wrongfully to confine such person.
o Note – circumscribing limits can be
o Large/narrow boundary
o Visible or tangible area
o Movable/fixed territory.

 Sec 342 – Punishment

o Imprisonment of either description – extend to 1 year/ fine – Rs.1000/ both.

 Sec 343 – Wrongfully confining a person for three or more days

o Punishment – 2 years/ fine/ both

 Sec 344 – Wrongfully confining a person for 10 or more days

o Punishment – 3years & fine.

 Sec 345 – Wrongfully confining a person for whose liberation a writ has been issued.
o Whoever wrongfully confines any person knowing that a writ for liberation of that person
has been duly issued
o Punishment – either description – 2years in addition to imprisonment to which he may be
liable under any other section of this chapter.

 Sec 346 – Wrongful confinement in secret

o Whoever wrongfully confines any person in such a manner as to indicate
 o Intention – that the confinement of such person may not be known
o To any person interested in such person or
o Public servant or
o The Place of confinement may not be known
o To any such person or
o Public servant
o Punishment = 2 years in addition to punishment to which he may be liable to for such
wrongful confinement.

 Sec 347 – Wrongful confinement to extort property or constrain to do an illegal act

o Whoever wrongfully confines any person
o For the purpose of extorting from such person/ any person interested in such person
o Any property/ valuable security or
o Constraining such person or any person interested in the person confined
o To do an Illegal act or
o Give Information which shall facilitate commission of an offence
o Punished = Imprisonment – 3 years & fine.

 Sec 348 – Wrongful confinement to extort confession or compel restoration of property

o Whoever wrongfully confines any person
o For the purpose of extorting from such person/ any person interested in such person
o Any confession or information which shall lead to detection of offence/ misconduct or
o For the purpose of constraining the person confined/person interested in such person to
o Restore any property/valuable security or
o Cause Restoration of Property/valuable security or
o Satisfy any claim or demand or
o Give information which shall lead to restoration of any property/valuable security
o Punished = Imprisonment – 3 years & fine.