Meaning and Ingredients related toWrongful Restraint & Confinement for CLAT - Practice Questions & MCQ

Passage: 7

Read the passage carefully and answer the following question.

An assault is an attempt or a threat to do corporal hurt to another, coupled with an apparent present ability and intention to do the act. Actual contact isn’t necessary for an assault, though it’s during a battery. But it’s not every threat when there’s no actual personal violence that constitutes an assault; there must, in altogether cases, be the means of carrying the threat into effect.

“Any gesture calculated to excite within the party threatened an inexpensive apprehension that the party threatening intends immediately to supply violence, or, within the language of the Indian Penal Code is ‘about to use criminal force’ to the person threatened, constitute, if including a gifted ability to hold such intention in execution, an assault in law.

The intention as well as the act makes an assault. Therefore, if one strikes another upon the hand, arm, or breast in discourse, it is no assault, there being no intention to assault; but if one, intending to assault, strikes at another and misses him, this is often an assault; so if he holds up his hand against another during a threatening manner, and says nothing, it is an assault.

A Battery is the intentional and direct application of any physical force to the person of another. It is the actual striking of another person, or touching him in a rude, angry, revengeful, or insolent manner. A battery includes an assault which is briefly stated as an overt act evidencing an instantaneous intention to commit A battery. It is mainly distinguishable from an assault within the incontrovertible fact that physical contact is important to accomplish it. It cannot mean merely an injury inflicted by an instrument held within the hand, but it includes all cases where a celebration is struck by any missile thrown by another.

False imprisonment may be a total restraint of the freedom of an individual, for, however, a short time, without a lawful excuse. The word “false” means wrong or erroneous. It is a tort of strict liability and therefore the plaintiff has to not prove fault on the part of the defendant. To constitute these wrongs two things are necessary:

(1) The total restraint of the liberty of the person: The detention of the person may be either actual or physical and constructive, i.e., by mere show of authority.

 (2) The detention must be unlawful. The period that the detention continues is immaterial. But it must not be lawful. If one compels another to stay in a given place against his will, he imprisons that other just as much as if he locked him up in a room; compelling a person to travel during a given direction against his will may amount to imprisonment.

Question :

A and B start quarreling on the road for some amount of money. B points his empty pistol at A. Whether B is liable for any offense? Decide.

Read the following passage and answer the questions given below.

When a person is deprived of his personal liberty, whether by being confined within the four walls or by being prevented from leaving the place where he is, it is false imprisonment. False imprisonment consists in the imposition of a total restraint for some period, however short, upon the liberty of another, without sufficient lawful justification.1 False Imprisonment can also be defined as: “The unlawful arrest or detention of a person without warrant, or by an illegal warrant, or a warrant illegally executed, and either in a prison or a place used temporarily for that purpose, or by force and constraint without confinement.”2 False imprisonment consists in the unlawful detention of the person of another, for any length of time, whereby he is deprived of his personal liberty. 3 An authority or an individual or their agents without any lawful justification confines another individual in such a place that he can’t escape, causing an imposition of restraint on his liberty. Such wrong will be termed as False Imprisonment. False Imprisonment is an intentional tort and is a part of Trespass to the Person. False arrest is considered as a part of False Imprisonment. False arrest is the arrest which is not justifiable under law. For Example: If a teacher locks the students in the classroom after the lecture hours or if a person is detained by a police officer without any justification. Such acts would amount to False Imprisonment. For constituting wrong as false imprisonment there must be total restraint on the individual’s liberty and the restraint must be without any lawful justification. The period of confinement doesn’t matter. The consent of the plaintiff must be absent to constitute this wrong. It does not matter whether the plaintiff was aware of the restraint on his liberty or not. The important essential is that the act carried out by the defendant must be intentional and wilfully carried out. The wrongdoer or the defendant will be liable for his acts if he is not able to provide any justifiable reason for carrying out such an act. The burden of proof lies on the defendant.

The defendant has some defences available with him. If he can prove that the plaintiff consented to the act then the defendant will not be liable or he proves that such an act was carried out lawfully. The defendant must establish a probable cause. The probable cause depends on the facts of the case. The plaintiff can recover the loss from the defendant through damages. At the time of the act, the plaintiff has a right to self-defence. A writ of Habeas Corpus can be filed. Habeas Corpus means “producing the body”. This writ is filed under Article 32 by the Supreme court and, under Article 226 by the High court. False imprisonment consists in the imposition of a total restraint for some period, however short, upon the liberty of another, without sufficient lawful justification. This was held in Bird V. Jones. False Imprisonment is considered wrong under both civil and criminal law. Under Criminal Law, it is dealt with as “Wrongful Confinement”. Section 340 of the Indian Penal Code, 1860 deals with Wrongful confinement. According to Section 340 of the Indian Penal Code: “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.”

Question: Aman has been falsely imprisoned by Police Authorities, then:

Read the following passage and answer the questions given below.

When a person is deprived of his personal liberty, whether by being confined within the four walls or by being prevented from leaving the place where he is, it is false imprisonment. False imprisonment consists in the imposition of a total restraint for some period, however short, upon the liberty of another, without sufficient lawful justification.1 False Imprisonment can also be defined as: “The unlawful arrest or detention of a person without warrant, or by an illegal warrant, or a warrant illegally executed, and either in a prison or a place used temporarily for that purpose, or by force and constraint without confinement.”2 False imprisonment consists in the unlawful detention of the person of another, for any length of time, whereby he is deprived of his personal liberty. 3 An authority or an individual or their agents without any lawful justification confines another individual in such a place that he can’t escape, causing an imposition of restraint on his liberty. Such wrong will be termed as False Imprisonment. False Imprisonment is an intentional tort and is a part of Trespass to the Person. False arrest is considered as a part of False Imprisonment. False arrest is the arrest which is not justifiable under law. For Example: If a teacher locks the students in the classroom after the lecture hours or if a person is detained by a police officer without any justification. Such acts would amount to False Imprisonment. For constituting wrong as false imprisonment there must be total restraint on the individual’s liberty and the restraint must be without any lawful justification. The period of confinement doesn’t matter. The consent of the plaintiff must be absent to constitute this wrong. It does not matter whether the plaintiff was aware of the restraint on his liberty or not. The important essential is that the act carried out by the defendant must be intentional and wilfully carried out. The wrongdoer or the defendant will be liable for his acts if he is not able to provide any justifiable reason for carrying out such an act. The burden of proof lies on the defendant.

The defendant has some defences available with him. If he can prove that the plaintiff consented to the act then the defendant will not be liable or he proves that such an act was carried out lawfully. The defendant must establish a probable cause. The probable cause depends on the facts of the case. The plaintiff can recover the loss from the defendant through damages. At the time of the act, the plaintiff has a right to self-defence. A writ of Habeas Corpus can be filed. Habeas Corpus means “producing the body”. This writ is filed under Article 32 by the Supreme court and, under Article 226 by the High court. False imprisonment consists in the imposition of a total restraint for some period, however short, upon the liberty of another, without sufficient lawful justification. This was held in Bird V. Jones. False Imprisonment is considered wrong under both civil and criminal law. Under Criminal Law, it is dealt with as “Wrongful Confinement”. Section 340 of the Indian Penal Code, 1860 deals with Wrongful confinement. According to Section 340 of the Indian Penal Code: “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.”

Question: An undertrial prisoner was not released from jail for a period of more than 2 years even after his acquittal from the court, then:

Asu and Basu Jointly owned a well but due to some personal issue, Basu stopped Asu from using the well and also stopped his cattle. Decide