A places men with firearms at the outlet of a building, and tells Z that they will fire at Z if Z attempts to leave the building. What offense does A commit?

By | August 2, 2021
ipc mains

Question: A places men with firearms at the outlet of a building, and tells Z that they will fire at Z if Z attempts to leave the building. What offense does A commit? [R.J.S. 1986, UPC.J 1991, W.B.J.S. 1995]

Find the answer to the mains question only on Legal Bites. [A places men with firearms at the outlet of a building, and tells Z that they will fire at Z if Z attempts to leave the building. What offense does A commit?]

Answer

Section 340, IPC defines Wrongful confinement as Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.

The essential ingredients of the offense of ‘wrongful confinement’ are:

  1. wrongful restraint of a person, and
  2. the restraint must be to prevent that person from proceeding beyond certain circumscribing limits beyond which (s)he has the right to proceed.
  3. there must be total restraint and not partial ones

Illustration (b) to Section 340

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.

Therefore, A is liable for punishment under Section 342 of the IPC which states that whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

In the case of State of Gujarat v. Keshav Lai Maganbhai Gujoyan (1993 CrLJ 248 Guj), it was discussed by the court that:

“For a charge of wrongful confinement, proof of actual physical restriction is not essential. It is sufficient if the evidence shows that such an impression was produced in the mind of the victim, a reasonable apprehension in his mind that he was not free to depart.

If the impression creates that the complainant would be forthwith seized or restrained if he attempts to escape, a reasonable apprehension of the use of the force rather than its actual use is sufficient and important.”


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