What is wrongful confinement?
Wrongful confinement has been defined under Section 342 of the IPC
It means that a person has been wrongly restrained from proceeding beyond certain circumscribing limits
The essential ingredients of the offence of wrongful confinement are:
The accused should have wrongfully restrained the complainant (i.e.voluntarily obstructed any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed)
Such wrongful restraint was with the aim to prevent the complainant from proceeding beyond certain circumscribing limits beyond which he or she has the right to proceed.
Punishment: Any person liable for an offence under this section shall be punished with the punishment of imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Example: Aman locks Amita in a room thus preventing Amita from proceeding in any direction beyond the circumscribing limits of the walls of the room. Hence Amit has wrongly confined Amita and is liable for punishment under this section.
Composition under section 320 Cr.P.C: This section is listed under Compoundable Offences i.e. compromise or settlement can be entered into by the parties.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Punishment for wrongful confinement | Imprisonment up to 10 years and shall also be liable to fine | Cognizable | Bailable | Any magistrate |
| Offence | Punishment for wrongful confinement |
|---|---|
| Punishment | Imprisonment up to 10 years and shall also be liable to fine |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable By | Any magistrate |
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