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.
Exceptions
- 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.
Illustrations
- 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.
IPC Section 339: Simplified Explanation
IPC Section 339 of the Indian Penal Code defines the offence of “wrongful restraint.” This section applies when an individual voluntarily obstructs another person to prevent that person from proceeding in any direction in which they have a right to proceed. This section’s key aspect is intentionally preventing someone from moving freely in a lawful direction.
Key elements of this section include:
- Voluntary Obstruction: The person intentionally prevents another from moving freely.
- Right to Proceed: The person being restrained has a lawful right to proceed in the direction from which they are being obstructed.
Is IPC Section 339 Bailable?
IPC Section 339 itself is a definitional clause and does not specify penalties. However, offences related to wrongful restraint under IPC Section 341 (the penal provision) are generally bailable. Individuals accused under the relevant penal sections can typically obtain bail from the police or through the court, depending on the specifics of the case and judicial discretion.
IPC Section 339 Punishment
The punishment for wrongful restraint is specified under IPC Section 341, which includes:
- Imprisonment for a term that may extend to one month,
- Or with a fine that may extend to five hundred rupees,
- Or with both.
The punishment is relatively light, reflecting the less severe nature of the offence compared to more serious forms of physical or psychological harm.
Example of IPC Section 339
A real-life example of IPC Section 339 involved a situation where a person blocked the entrance of a residential building, preventing another resident from entering. The obstruction was intentional, and the resident had a lawful right to enter the building. The person who caused the obstruction was charged under IPC Section 341 for wrongful restraint. This case illustrated how the law addresses situations where individuals are prevented from moving freely in directions they have a right to proceed.
