Sections 339 to 348

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

4

OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

339. Wrongful
restraint

340. Wrongful
confinement

341. Punishment
for wrongful restraint

342. Punishment
for wrongful confinement

343. Wrongful
confinement for three or more days

344. Wrongful
confinement for ten or more days

345. Wrongful
confinement of person for whose liberation writ has been issued

346. Wrongful
confinement in secret

347. Wrongful
confinement to extort property, or constrain to illegal act

348. Wrongful
confinement to extort confession, or compel restoration of property

CHAPTER XVI

4

OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

339. Wrongful
restraint: - Whoever voluntarily obstructs any person so as to
prevent that person from proceeding in any direction in which that person has 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 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.

340. Wrongful
confinement. - 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.

Illustrations

(a) A causes Z to go within a walled space, and
locks Z in. A 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.

341. Punishment for
wrongful restraint. - 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 five hundred rupees, or with both.

342. Punishment for
wrongful Confinement. - 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.

343. Wrongful
confinement for three or more days. -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 two years, or with fine, or with both.

344. Wrongful
confinement for ten or more days: - Whoever wrongfully confines any
person for ten days, or more, shall be punished with imprisonment of either
description for a term which any extend to three years, and shall also be
liable to fine.

345. Wrongful
confinement of person for whose liberation writ has been issued: - 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 two years in
addition to any term of imprisonment to which he may be liable under any other
section of this chapter.

346. Wrongful
confinement in secret: - Whoever wrongfully confines any person in
such manner as to indicate and 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 or public servant as hereinbefore mentioned,
shall be punished with imprisonment of either description for a term which may
extend to two years in addition to any other punishment to which he may be
liable for such wrongful confinement.

347. Wrongful
confinement to extort property, or constrain to illegal act: - Whoever wrongfully confines 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
three years, and shall also be liable to fine.

348. Wrongful
confinement to extort confession, or compel restoration of property: - 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 led 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 three years, and shall also be liable to fine.

Posted in: Sections 339 to 348