Q. Define and distinguish between Wrongful Restraint & Wrongful Confinement. Also state punishment of various types of Wrongful Confinement.
1. INTRODUCTION.
Sections 339 to 348 of Pakistan Penal Code 1860 provide for offences relating to Wrongful Restraint & Wrongful Confinement. Section 339 of Pakistan Penal Code 1860 defines Wrongful Restraint whereas Section 340 of Pakistan Penal Code 1860 defines the Wrongful Confinement. While Sections 341 & 342 of Pakistan Penal Code 1860 declared Wrongful Restraint & Wrongful Confinement as offence and also prescribe their punishment.
Wrongful Restraint & Wrongful Confinement are offences against person to stop his movement to which he has a legal right by either putting restrains or by confining him within a particular place from where he cannot move out. The provisions dealing with these offences are regarding cases where the offender, although has no design against human life and no intention to inflict bodily hurt. But the offender deprive the victim either wholly or partly of his right of freedom.
2. RELEVANT PROVISIONS.
(I). Section 339 & 341 of Pakistan Penal Code 1860 deal the term Wrongful Restraint.
(II). Sections 340, 342 to 348 of Pakistan Penal Code 1860 is deal the term Wrongful Confinement.
3. MEANING OF WRONGFUL RESTRAINT.
Wrongful Restraint means illegally preventing, restricting or limiting another from the doing of some act.
4. DEFINITION OF WRONGFUL RESTRAINT UNDER SECTION 339 OF PAKISTAN PENAL CODE 1860.
“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.
Illustration.
‘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’.
5. SCOPE & APPLICABILITY OF SECTION 339 OF PAKISTAN PENAL CODE 1860.
Section 339 of Pakistan Penal Code 1860 relates to obstruction by a person and not to obstructions which are not voluntarily continued by persons accused of obstruction throughout the time it lasts. Before a person can be convicted of an offence of Wrongful Restraint, the prosecution must prove that the complainant had a right distinguished from a license to proceed in a particular or that he had a right of way.
6. ESSENTIALS OF WRONGFUL RESTRAINT UNDER SECITON 339 OF PAKISTAN PENAL CODE 1860.
Following are the important essentials of Wrongful Restraint under Section 339 of Pakistan Penal Code 1860.
(I). Obstruction.
Key element of Wrongful Restraint is obstruction i.e. hindrance. The victim’s path has to be obstructed so as to physically stop him from moving him around or moving where he wants to. To constitute Wrongful Restraint a physical obstruction should be caused. Thus verbal prohibition does not fall into this category.
(II). Voluntary Obstruction By Accused.
Voluntary commission of an act has been defined under Section 339 of Pakistan Penal Code 1860 as causing a thing which intention. To constitute Wrongful Restraint the obstruction caused has to be done so with the intention of the accused. The voluntary obstruction of a car; with intention to stop or restrain the travelling person in it would amount to Wrongful Restraint.
(III). Any Person.
The obstruction has to be a person. Restrain of a vehicle alone does not amount to Wrongful Restraint.
(i). Illustration.
Where the car was stopped from proceeding further on a public road but the persons in it were free to go anywhere they wished to; it is not a case of Wrongful Restraint.
Thus the essence of this offence is causing obstruction to a person i.e. human being.
(IV). Preventing Movement In Any Direction.
To constitute Wrongful Restraint the obstruction should be complete and successful as to prevent the person obstructed from proceeding in any direction. The wrong define here is a wrong against the person; and is not complete if the person is at liberty to go anywhere that he pleases. Proceeding in any direction means proceeding in particular direction where victim wants to go and proceed includes going by car, horse or any other mode.
(V). Person Has A Right To Move In That Direction.
All members have equal rights in public streets to move in any direction that they want to. Any restraint to such right would be considered unlawful. However there is an exception to this rule as;
(i). Exception_______Bona Fide Claim.
If an act is done in good faith under the belief that it is justified by law, a conviction under this section will not stand.
(ii). Illustration.
‘A’ passes over ‘B’s land, ‘B’ stops him. This case will not fall under Wrongful Restraint.
7. PUNISHMENT FOR WRONGFUL RESTRAINT UNDER SECTION 341 OF PAKISTAN PENAL CODE 1860.
Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term, which may extend to one month, or with fine, which may extend to 1[one thousand five hundred rupees] or with both.
8. WRONGFUL CONFINEMENT____MEANING OF WRONGFUL CONFINEMENT.
Wrongful Confinement means to illegally limit or constrain a person into boundaries or walls.
9. DEFINITION OF WRONGFUL CONFINEMENT UNDER SECTION 340 OF PAKISTAN PENAL CODE 1860.
“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.”
Illustration.
(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’.
10. SCOPE OF SECTION 340 OF PAKISTAN PENAL CODE 1860.
The important ingredient of this offence is physical obstruction to the movement of a person. There must be a total restraint not a partial one. The mere keeping of a watch on a person without in any way hindering his movement by physical impediments in his way does not fall under this section.
11. ESSENTIALS OF WRONGFUL CONFINEMENT UNDER SECTION 340 OF PAKISTAN PENAL CODE 1860.
Following are the important essentials of Wrongful Confinement under Section 340 of Pakistan Penal Code 1860.
(I). Restraint.
To constitute Wrongful Confinement, it is necessary that accused has wrongfully restrained a person.
(II). Prevent That Person From Proceeding Certain Circumscribing Limits.
Such restraint must prevent that person from proceeding beyond certain Circumscribing limits beyond which he had a right to proceed.
(III). Wrongful & Total Restraint.
Wrongful Restraint is a form of Wrongful Restraint. Where a man is kept within a limit out of which he wishes to go; and has a right to go. To constitute Wrongful Confinement it is essential that the person must be totally restrained from all directions. Partial restraint does not amount to Wrongful Confinement.
(i). Illustration.
‘A’ places men with lethal weapon outside the building where ‘Z’ is kept and is told that he would be killed if he left the building. ‘Z’ is totally and wrongfully confined.
12. DURATION OF WRONGFUL CONFINEMENT.
The time during which a person is kept in Wrongful Confinement is immaterial except with reference to the extent of punishment. Detention through the exercise of moral force, without the use of physical force is sufficient to constitute offence.
13. PROOF OF WRONGFUL CONFINEMENT.
Proof of actual physical obstruction is not essential to support charge of Wrongful Confinement. It may be proved when there is an impression produced in the mind of the person detained so as to lead him reasonably to believe that he was not free to depart and he should be restraint if he tired to. Thus belief by a person that he cannot depart and if he tired would immediately be seized is enough to prove Wrongful Confinement.
14. CASES WHERE NO CHARGE OF WRONGFUL CONFINEMENT CAN BE BROUGHT UP.
Following are the cases where the charge of Wrongful Confinement cannot be brought up.
(I). No Desire To Leave.
No Wrongful Confinement can be charged where no desire to proceed existed. This includes cases where person being detained consented to it.
(i). Illustration.
Where ‘A’ has no desire to leave the house and ‘Z’ looks her in; there is no Wrongful Confinement.
(II). Means of Escape Available.
It would be on Wrongful Confinement if the person detained has means to escape which he could easily avail.
15. PUNISHMENT FOR WRONGFUL CONFINEMENT UNDER SECTION 342 OF PAKISTAN PENAL CODE 1860.
Whoever wrongfully confines any person, shall be punished with imprisonment of either description for, a term, which may extend to 1 year, or with fine which may extend to 1[three thousand rupees] or with both.
16. WRONGFUL CONFINEMENT FOR THREE OR MORE DAYS UNDER SECTION 343 OF PAKISTAN PENAL CODE 1860.
Whoever wrongfully confines any person, for three days or more, shall be punished with imprisonment of either description for a term, which may extend to 2 years, or with fine, or with both.
17. WRONGFUL CONFINEMENT FOR TEN OR MORE DAYS UNDER SECTION 344 OF PAKISTAN PENAL CODE 1860.
Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term, which may extend to 3 years, and shall also be liable to fine.
18. WRONGFUL CONFINEMENT OF PERSON FOR WHOSE LIBERTION WRIT HAS BEEN ISSUED UNDER SECTION 345 OF PAKISTAN PENAL CODE 1860.
Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to 2 years, in addition to any term of imprisonment to which he may be liable under any other section of this Chapter.
19. WRONGFUL CONFINEMENT FOR SECRET UNDER SECTION 346 OF PAKISTAN PENAL CODE 1860.
Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person of public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to 2 years in addition to any other punishment to which he may be liable for such wrongful confinement.
20. WRONGFUL CONFINEMENT TO EXTORT PROPERTY OR CONSTRAIN TO ILLEGAL ACT UNDER SECTION 347 OF PAKISTAN PENAL CODE 1860.
Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to 3 years, and shall also be liable to fine.
21. WRONGFUL CONFINEMENT TO EXTORT CONFESSION OR COMPEL RESTORATION OF PROPERTY UNDER SECTION 348 OF PAKISTAN PENAL CODE 1860.
Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to 3 years and shall also be liable to fine.
22. ILLEGAL DETENTION BY POLICE____WRONGFUL CONFINEMENT?
Where an arrest made by a police officer is strictly legal, he cannot be proceeded against for wrongfully confining a person. But informal detention of a suspect by the police during the whole period of investigation without arrest is illegal and amounts to Wrongful Confinement.
23. SIMILARITIES OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT.
Following are the similarities of Wrongful Restraint & Wrongful Confinement;
(I). Both offences are against fundamental rights of freedom of movement as provided in Article 15 of the Constitution of the Islamic Republic of Pakistan 1973.
(II). In both the offences physical obstruction is necessary.
(III). Both considered being crimes against human body.
(IV). Both restrain movement where the movement is the right of the victim.
24. DIFFERENCES BETWEEN WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT.
(I). Relevant Provisions.
Wrongful Restraint.
Section 339 & 341 of Pakistan Penal Code 1860 deal the term Wrongful Restraint.
Wrongful Confinement.
Sections 340, 342 to 348 of Pakistan Penal Code 1860 is deal the term Wrongful Confinement.
(II). Meaning.
Wrongful Restraint.
Wrongful Restraint means illegally preventing, restricting or limiting another from the doing of some act.
Wrongful Confinement.
Wrongful Confinement means to illegally limit or constrain a person into boundaries or walls.
(III). Definition.
Wrongful Restraint.
“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.”
Wrongful Confinement.
“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.”
(IV). Nature of Obstruction.
Wrongful Restraint.
There is a partial restraint on the liberty of a subject.
Wrongful Confinement.
There is total restraint and it is a kind of total imprisonment.
(V). Area of Obstruction.
Wrongful Restraint.
Wrongful Restraint is keeping a man out of place where he wishes to be or has a right to go.
Wrongful Confinement.
Wrongful Confinement is keeping a main within limits out of which he wants to go.
(VI). Restriction on Movement.
Wrongful Restraint.
A person obstructed is obstructed to move to a particular direction and he can move or go towards any direction if he so please.
Wrongful Confinement.
A person cannot go or move to any direction whatsoever.
(VII). Intensity of Offence.
Wrongful Restraint.
Wrongful Restraint is not a serious offence.
Wrongful Confinement.
Wrongful Confinement is a more serious offence.
(VIII). Punishment.
Wrongful Restraint.
Wrongful Restraint is punishable with 1 month or Rs. 1500/- fine or both.
Wrongful Confinement.
Wrongful Confinement is punishable with 1 year, Rs.3000/- or both.
25. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that Wrongful Restraint is not a serious offence but Wrongful Confinement is a serious offence under Pakistan Penal Code 1860. Wrongful Restraint & Wrongful Confinement are offences against person to stop his movement to which he has a legal right by either putting restrains or by confining him within a particular place from where he cannot move out. The provisions dealing with these offences are regarding cases where the offender, although has no design against human life and no intention to inflict bodily hurt. But the offender deprive the victim either wholly or partly of his right of freedom.
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