What is wrongful restraint? What is punishment for wrongful restraint? Section 339 and 341 of Indian Penal Code 1860

Wrongful restraint and Punishment for wrongful restraint under Indian Penal Code are defined under Section 339 and 341 of Indian Penal Code 1860. Provisions under section 339 and 341 are:

 

 

 

Section 339 of Indian Penal Code. "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.

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.

Section 341 of Indian Penal Code. "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.

 

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