wrongful restraint and wrongful confinement

INTRODUCTION:

Wrongful restraint-According to section 3339 whoever voluntarily

obstruct any person so as to prevent that person from proceeding in
any direction in which the person has the right to proceed is said wrong
fully to restrain that person.
Exception
Obstruction of private way over land or water which a person in good
faith believes himself to have a lawful right is not an offence within the
meaning of this section.

Illustration
A Obstruct a path along which Z has a right to pass not believing in
good faith that he has a right to obstruct Z is thereby prevent him from
passing.
A wrongfully restrained Z.

Essential elements
The offence of wrongful restraint has two ingredients :-

● voluntarily obstruction of a person

● Obstruction must be such to prevent that person from proceeding

in any direction which he/she has right to proceed

Obstruction cost to a person should be physical obstruction and Me

because it as such by the use of physical force as by the use of menace
and threats
In saminada pillai 1882 The complainant was a wanderer, police
detained him as a suspect and passed him from one police station to
another untill he reached a certain place where his identity being
established He was set at liberty the High Court observed in this case
that he was taken under police escort from one please station another
so that freedom of his movement was at all events wilfully obstructed in
this amounted to wrongful restraint.

Wrongful confinement according to section 340 “whoever wrongfully

restrained any person in such a manner as to prevent that person from
proceeding within a certain circumscribing limits is said to Wrongfully
confine that person”

Illustration :-A causes Z to go within the four walls space in log ZNZ is
your bye prevented from proceeding in any direction beyond
circumscribing limits in a wrong fully confined Z

Essential ingredients:-
wrongful confinement has the following ingredients

● Wrongful restraint of a person

● Such restraint must prevent that person from proceeding beyond

certain circumscribing limits

Wrongful confinement is a species of wrongful restrain in wrongful

restraint there is only a partial suspension of oneʼs liberty or locomotion
volume wrongful confinement there is a total suspension of liberty be
under circumscribing limits the period of suspension is immaterial for
the completion of either of these offences though it may be taken into
consideration in awarding the sentence
Distinction between wrongful restraint and Wrongfull confinement

Wrongful restraint confinement

Renting a person from proceeding Keeping a person within certain
in any particular direction circumscribing limits
Partial suspension of liberty Total suspension of liberty
Is mild offence Is a serious offence
Lenient punishment Severe punishment