Section 339 in The Indian Penal Code, 1860
339. Wrongful restraint.—
Whoever voluntarily obstructs any person so as to prevent that person from proceeding ... right to obstruct, is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right
offences under Sections 341 and 354 IPC.
13. First, I will consider Section 341 IPC.
Section 341 IPC says ... person."
14. In order to attract Section 341 IPC, the
following ingredients of Section 339 IPC are
necessary
offences under Sections 341 and 354 IPC.
13. First, I will consider Section 341 IPC.
Section 341 IPC says ... person."
14. In order to attract Section 341 IPC, the
following ingredients of Section 339 IPC are
necessary
reproduce Section 339 IPC, which defines Wrongful Restraint, which is
punishable under Section 341 IPC. Section 339 IPC reads ... wrongful restraint under Section 339 IPC are absent, and therefore, the
penal consequences contemplated under Section 341 IPC do not arise
interpreting section 339 has held as
follows:
12. Wrongful restraint' has been defined
under Section 339 of the IPC in the following ... IPC. For an offence to become punishable
under Section 341 of the IPC, the ingredients as
obtaining under Section 339
interpreting section 339 has held as follows:
12. 'Wrongful restraint' has been defined
under Section 339 of the IPC ... IPC. For an offence to become punishable under
Section 341 of the IPC, the ingredients as obtaining
under Section 339
interpreting section 339
has held as follows:
12. Wrongful restraint' has been defined
under Section 339 of the IPC in the following ... IPC. For an offence to become punishable
under Section 341 of the IPC, the ingredients as
obtaining under Section 339
such offences under Sections 341 , 500 and 504 IPC
are made out or not.
9. As regards Section 341 IPC ... offence within the meaning of
this Section."
10. A careful perusal of the above Section 339 IPC which
defines the offence
right to proceed."
5
19. Wrongful restraint is defined in Section 339 IPC:-
" Section 339 IPC. Wrongful restraint.-Whoever ... person.
Ingredients of offence.-The essential ingredients of the
offence under sec. 339 are as follows:-
(1) Accused obstructed voluntarily;
(2) The obstruction prevented
obtaining
under Section 341 of the IPC. Section 341 of the IPC has its
ingredients under Section 339 of the IPC ... offence within the meaning of this section."
Section 339 of the IPC mandates that the victim must not
be permitted to move
