Analyzing Wrongful Restraint and Wrongful Confinement

Abstract

This project delves into the concepts of "Wrongful Restraint" and "Wrongful Confinement" as delineated within sections 339 to 348 of The Indian Penal Code (IPC), offering a comprehensive analysis that includes definitions, interpretations, penal consequences, relevant jurisprudence, and the examination of more severe instances of confinement. Originating from the English law tort of false imprisonment, these offenses are distinct in that wrongful restraint and wrongful confinement are recognized under criminal law as public wrongs, aiming to safeguard an individual's liberty and freedom of movement across India as enshrined in Articles 21 and 19 of the Indian Constitution, respectively. Unlike civil wrongs, which primarily affect individuals and are redressable through compensation, these crimes are punishable under the IPC, reflecting their societal impact.