WRONGFUL RESTRAINT, AND WRONGFUL CONFINEMENT
Section 285 - “Wrongful Restraint Defined”: 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 to restrain that person
wrongfully.
Exception:- The obstruction of a private way which a person in good faith
believes himself to have a lawful right to obstruct, is not within the
meaning of this section.
Section 286 - “Wrongful Confinement Defined”: Whoever restrains any person in
such a manner as to prevent that person from proceeding beyond certain
circumscribing limits, is sad to confine that person wrongfully.
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 outlets of a building and tells
(“Z”) that they will fire at (“Z”) if (“Z”) attempts to leave the building,
(“A”) wrongfully confines (“Z”).
Section 287- “Wrongful Restraint”: Whoever wrongfully restrains any person,
commits an offence and shall on conviction, be punished with
imprisonment for a term not exceeding one month or with fine or with
both.
Section 288 - “Wrongful Confinement”: Whoever wrongfully confines any person,
commits an offence and shall on conviction be punished with
imprisonment for a term not exceeding one year or with fine or with both.
And if the wrongful confinement continues for three days or more, with
imprisonment for a term not exceeding three years or with fine or with
both.
Note – See also section 309.
Section 289 - “Wrongful Confinement after Warrant or Order Issued for
Production or Liberation:” Whoever keeps any person in wrongful
confinement knowing that a warrant or order for the production or
liberation of that person has been duly issued, commits an offence and
shall on conviction, be punished with imprisonment for a term not
exceeding two years in addition to any term of imprisonment to which he
may be liable under any other provisions of this Code or any other Law in
force.
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