The Indian Penal Code (IPC) has two distinct offenses that deal with restricting another person’s freedom of movement: Wrongful Restraint and Wrongful Confinement. Sections 339 and 340 of the IPC, respectively, specify each of these offenses.
Wrongful Restraint
According to Section 339 of the IPC, voluntarily restricting someone’s freedom of movement without a lawful justification is wrongful restriction.
The offence of wrongful restraint is a minor offence.
Punishment of Wrongful Restraint
Punishment: Imprisonment for a term that may extend to one month, or with a fine that may extend to Rs. 500, or both.
Essential Elements of Wrongful Restraint
- There must be a voluntary act of obstructing a person’s freedom of movement.
- The act must be done without lawful justification.
- The obstruction must be intentional, and the person must be prevented from proceeding in a direction in which he has a right to proceed.
Wrongful Confinement
Likewise, Section 340 of the IPC defines wrongful confinement as the voluntary detention of any individual without lawful justification.
Punishment of Wrongful Confinement
Punishment: Imprisonment for a term that may extend to three years, to imprisonment for a term that may extend to seven years, along with a fine.
Essential Elements of Wrongful Confinement
- There must be a voluntary act of confining a person.
- The confinement must be without lawful justification.
- The confinement must be intentional, and the person must be prevented from leaving the place of confinement.
