Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Illustrations
- A causes Z to go within a walled space, and locks Z. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines z.
- A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts leave the building. A wrongfully confines Z.
IPC Section 340: Simplified Explanation
IPC Section 340 of the Indian Penal Code defines the offence of “wrongful confinement.” This section applies when an individual wrongfully restrains another person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits. Wrongful confinement is a more severe form of wrongful restraint (defined in Section 339) as it involves restraining someone within a defined boundary, thus significantly restricting their freedom.
Key elements of this section include:
- Wrongful Restraint: The person must wrongfully restrain another.
- Circumscribing Limits: The restraint must confine the person within certain limits, preventing them from proceeding beyond those limits.
Is IPC Section 340 Bailable?
IPC Section 340 itself is a definitional clause and does not specify penalties. However, offences related to wrongful confinement under IPC Section 342 (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 340 Punishment
The punishment for wrongful confinement is specified under IPC Section 342, which includes:
- Imprisonment for a term that may extend to one year,
- Or with a fine that may extend to one thousand rupees,
- Or with both.
The punishment reflects the more severe nature of the offence compared to wrongful restraint, considering the additional element of confinement.
Example of IPC Section 340
A real-life example of IPC Section 340 involved an employer locking an employee in a room for several hours to prevent them from leaving the premises after a dispute. The employee was confined within a specific area without their consent, and their freedom of movement was significantly restricted. The employer was charged under IPC Section 342 for wrongful confinement. This case highlighted how the law addresses situations where individuals are unlawfully confined within defined boundaries, restricting their freedom.
