WRONGFUL

RESTRAINT
&
WRONGFUL
CONFINEMENT
Syafiqah Johari
Criminal Law
 Wrongful Restraint &
Wrongful Confinement
1. CONCEPT/UNDERSTANDING/EXPLANATION
2. SECTION
3. TYPES
4. ELEMENTS
5. CASE LAW
6. COMPARISON
 CONCEPT / EXPLANATION

• Wrongful Restraint is partial restraint while Wrongful Confinement is total restraint.

• Wrongful Restraint highlighted Partial Restraint must be towards a person, not
object, must be voluntarily obstruct, as there is no other means to move and mala
fide (bad intention).
• Wrongful Confinement is when there is total restraint (no way out whatsoever) and
preventing the person to move beyond circumscribing limit. For an example, prison.
 LEGAL PROVISION
(SECTION IN PENAL CODE)
WRONGFUL RESTRAINT WRONGFUL
CONFINEMENT
Section 339 – Elements WR  Section 340 – Elements WC
Section 341 - Punishment  Section 342 – Punishment
 Section 343 – 348 : Types of
Wrongful Confinement
 TYPES OF WRONGFUL
CONFINEMENT (WC)
a) Section 343 – WC from 3 - 9 days (imprisonment for 2 years)
b) Section 344 – WC from 10 or more days (imprisonment for 3 years)
c) Section 345 – WC for whose liberation a writ has been issued.
(imprisonment 2 years)
d) Section 346 – WC in secret (imprisonment 2 years)
e) Section 347 – WC for purpose : extorting property/constraining to an
illegal act ( imprisonment 3 years)
f) Section 348 - WC for purpose : extorting confession/compelling
restoration of property. (imprisonment 3 years).
 ELEMENTS
WRONGFUL RESTRAINT WRONGFUL CONFINEMENT

1) Voluntarily obstruct a 1. Wrong restraint to

person any person
2) Obstruct in order to 2. Wrong Restraint to
prevent other person prevent that person
from going any from proceeding
direction which he has beyond any
the right to proceed. circumscribing limit.
3) Obstruction must be
Mala Fide (bad faith)
 FACTORS FOR
WRONGFUL CONFINEMENT
1)LENGTH FOR CONFINEMENT
2)CATEGORY OF COMPLAINANT
3)MODE OF CONFINEMENT
4)PURPOSE OF WRONGFUL
CONFINEMENT
 CASE LAW :
WRONGFUL RESTRAINT
1)Haji Ghulam Mohamed
2)Madhab Chandra v Nalini
3)Rama Lala

** other case law can be retrieved from law

text books and online law journal
 Haji Ghulam Mohamed

• Fact : The accused land (landlord), prevented his

tenant who was holding over from entering the
room which the tenant had rented from the
accused.
• Held : The accused is guilty for Wrongful
Restraint. The tenant has rightful access to his
room as he paid the rent accordingly.
 Madhab Chandra v Nalini
• Fact : The accused stop a moving vehicle
from keep moving on the road
• Held : Accused voluntarily obstruct a
vehicle in which person are travelling
would amount to the offence of Wrongful
Restraint of the person in the vehicle.
 Rama Lala
• Fact : The complainant while riding a bullock
cart, was obstructed from taking his cart through
the passage. He has to walk the passage alone
without the cart.
• Held : This is not Wrongful Restraint as the
accused let the complainant to use the passage as
he only obstructed the cart.
 CASE LAW :
WRONGFUL CONFINEMENT
Case : Lourenz v Simon

** other case law can be retrieved from law

text books and online law journal
 Lourenz v Simon
Fact :
• The accused was having lunch in a cafeteria when a policeman came
and serve him with a summon. The accused took the summon and left
the cafeteria. He also locked the main door of the cafeteria. The
policeman was locked inside the cafeteria.
• The accused defended himself as he said that he is not guilty as it is
only partial locking as there is another exit (kitchen).
Held :
The court stated that he is commits Wrongful Restraint only as there is
another way out even the policeman was not make known of other exit.
Question & Answer
Session
 Compare & Contrast Wrongful Restraint
& Wrongful Confinement
WRONGFUL RESTRAINT
Offence of wrongful restrain, is the genus
In the offence of wrongful restraint, the
offender obstructs the victim from
proceeding to any particular direction
towards which he had right to proceed.
The restrain is partial, the victim could
proceed towards any other direction than
towards the direction he was restrained.
Example : When a landlord puts his own lock
on door and removes lock of tenant, not
allowing him to go inside.
WRONGFUL CONFINEMENT
Whereas the offence of wrongful
confinement is a species. WC is severe form
of wrongful restraint.
But in the offence of WC, the offender
obstructs the victim from proceedings
beyond certain circumscribing limits
towards which he had right to proceed.
But in the offence of WC, the restraint is
total, the victim could not proceed towards
any direction.
Example : Prison.