Sunday, May 26, 2024

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IPCMODEL ANSWER

WRONGFUL CONFINEMENT VS WRONGFUL RESTRAINT

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Explain in detail the difference between Wrongful Restraint and Wrongful Confinement given under the Indian Penal Code, 1860.

SR. NO. WRONGFUL RESTRAINTWRONGFUL CONFINEMENT
1The offence of Wrongful restraint has been defined under section 339 of Indian Penal Code, 1860.The offence of Wrongful confinement has been defined under section 340 of Indian Penal Code, 1860.
2According to the provisions of Indian Penal Code, 1860, the offence of wrongful restraint is a genus and wider in nature.According to the provisions of Indian Penal Code, 1860, an offence of wrongful confinement is a species of an offence of wrongful restraint and it is narrower in nature.
3According to section 339 of Indian Penal Code, 1860, if an accused prevents a person from proceeding in any direction in which that person has right to proceed, then in such a case, it will be considered that an accused has committed the offence of wrongful restraint.According to section 340 of Indian Penal Code, 1860, if an accused prevents a person from proceeding beyond a certain circumscribing limit, then in such a case, it will be considered that an accused has committed the offence of wrongful confinement.
4According to the provisions of Indian Penal Code, 1860, if an accused commits the offence of wrongful restraint, then he partially restricts the right of personal liberty of an aggrieved person.According to the provisions of Indian Penal Code, 1860, if an accused commits the offence of wrongful confinement, then he totally restricts the right of personal liberty of an aggrieved person.
5According to the provisions of Indian Penal Code, 1860, an offence of wrongful restraint is not very serious and graver in nature. That is why, lesser punishment has been prescribed for this offence.According to the provisions of Indian Penal Code, 1860, an offence of wrongful confinement is more serious and graver in nature because it totally restricts the right of personal liberty of a person. That is why, severe punishment has been prescribed for this offence
6According to section 341 of Indian Penal Code, 1860, if an accused is held liable for having committed the offence of wrongful restraint, then in such a case, he shall be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to Rs. 500/- or with both.According to section 342 of Indian Penal Code, 1860, if an accused is held liable for having committed the offence of wrongful confinement, then in such a case, he shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to Rs. 1000/- or with both.

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