We
often come across colorful tents to host a function blocking entry and exit of
the houses and the streets. Sometimes a personal task of construction or community gatherings intervene us on the roads. But, the question is whether such
obstructions are legal or reasonable?
The
Constitution of India guarantees the right to freedom of movement to every
person freely throughout territory of India and guarantee personal liberty
under Articles 19 & 21 respectively. To safeguard the rights conferred upon
a person through the Constitution of India against any person other than state,
the Indian Penal Code provides for the provisions of ‘Wrongful Restraint’ and ‘Wrongful
Confinement’ contained in Sections 339 to 348 of the code.
Section 339:
Wrongful Restraint-“Whoever voluntarily
obstructs any person so as to prevent that person from proceeding the direction
in which that person has a right to proceed.”
In
simple way, it means to obstruct a person from moving one place to another
where he has the right to move. Physical presence/ an assault/ threat are not
essential elements of this provision.
Exception:
Nothing is an offence; if it is proved that the obstruction was made under good
faith. For an Instance: Obstructing someone to enter into someone’s private
property.
In Jowahir Shah, 1868, the accused
demanded a sum of 15 rupees from the complainant as permission to take his
carts to a ghat and when he refused to pay the said amount, the carts were
detained by the accused. The Court held that the carts were illegally detained
and this amounted to Wrongful Restraint.
Section 341: Punishment for
Wrongful Restraint-
|
Simple Imprisonment for a term which
may extend to one month or with fine up to 500 rupees or with both |
|||
|
Cognizable |
Bailable |
Compoundable |
Triable by any Magistrate |
In
Lilabati
v. State, (1996) Cr LJ 838, it was held that, to charge an accused this
provision it is not necessary that actual physical obstruction was present. But
it is sufficient is any such act created reasonable apprehension in the mind of
victim that he would be restrained if he attempted to depart from the place.
Section 342: Punishment for Wrongful Confinement-
|
Imprisonment
for a term which may extend to one year or with fine up to 1000 rupees or
with both. |
|||
|
Cognizable |
Bailable |
Compoundable |
Triable by any Magistrate |
“Further are aggravated forms of
Wrongful Confinement.”
Section 343:
Wrongful Confinement for three or more days
Section 344:
Wrongful Confinement for ten or more days
Section 345:
Wrongful Confinement for of person whose liberation writ has been issued
Section 346:
Wrongful Confinement in secret
Section 347:
Wrongful Confinement to extort property, or constraint to illegal act
Section 347:
Wrongful Confinement to extort confession, or compel restoration of property.
.
.
.
Edited by @ Vasu Gupta
*Book referred: Indian Penal Code by KD Gaur
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