Penal Code
2008 Ed.
CAP. 224
154
(b) in the case of a negligent act, with imprisonment for a term
which may extend to 2 years, or with fine which may extend
to $5,000, or with both.
[51/2007]
[Indian PC 1860, s. 338]
Wrongful restraint and wrongful confinement
Wrongful restraint
339. Whoever voluntarily obstructs any person, so as to prevent that
person from proceeding in any direction in which that person has a
right to proceed, is said wrongfully to restrain that person.
Exception —The obstruction of a private way over land or water which a
person in good faith believes himself to have a lawful right to obstruct, is not an
offence within the meaning of this section.
Illustrations
A obstructs a path along which Z has a right to pass, A not believing in good
faith that he has a right to stop the path. Z is thereby prevented from passing. A
wrongfully restrains Z.
[Indian PC 1860, s. 339]
Wrongful confinement
340. Whoever wrongfully restrains any person in such a manner as
to prevent that person from proceeding beyond certain circumscribing
limits, is said “wrongfully to confine” that person.
Illustrations
(a) 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.
(b) 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.
[Indian PC 1860, s. 340]
Informal Consolidation – version in force from 1/4/2015
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