Accused voluntarily caused or attempted to cause.
(i) death, hurt or wrongful restraint.
(ii) Fear of instant death, hurt or wrongful restraint ... causes or attempts to cause to any person
death or hurt wrongful restraint, or fear of
instant death or of instant hurt, or of instant
after being required to vacate them I shall be guilty of wrongful restraint.
5. I have to pay you so long as I shall have ... being required to vacate the same, he shall be guilty of wrongful restraint.
5. Circular No. Personnel 1/8/ZD/35 dated June
Kaziman Gurung vs State Of Sikkim on 26 July, 2017
Author: Bhaskar Raj Pradhan
Bench
attempts to cause
to any person death or hurt or wrongful
restraint, or ear of instant death or of
instant hurt, or of instant wrongful ... fear of instant death, of
instant hurt, or of instant wrongful
restraint to that person or to some other
person, and, by so putting
Gopalaratnam for the petitioners is that there was no wrongful restraint within the meaning of Section 339 , Indian Penal Code, because, although the cart ... restraining a horse on which a person is riding is not wrongful restraint as. defined by Section 339 , Indian Penal Code. If the person
blockade may be complete or partial and is invariably accompanied by wrongful restraint, and or wrongful confinement and occasionally accompanied by assault, criminal tresspass, mischief ... accompanied by violence and diverse forms of crimes resulting in wrongful confinement or wrongful restraint of the encircled person or persons is a criminal activity
made out.
Section 341 of the IPC talks about punishment for
wrongful restraint. Section 341 reads thus:
"341. Punishment for wrongful restraint -
Whoever wrongfully ... fails to disclose the necessary
ingredients to constitute the offence of wrongful
restraint. In order to attract application of Section 341
which provides for punishment
attempts to cause
to any person death or hurt or wrongful restraint, or fear of instant
death or of instant hurt, or of instant wrongful ... hurt, or of
Crl.A. No. 1238 of 2012 -13-
instant wrongful restraint to that person or to some other person,
and, by so putting
wrongfully confine that person". From the definition so given, it is evident
that „wrongful confinement‟ is a species of „wrongful restraint‟ as defined ... period of
suspension is immaterial for constituting an offence of „wrongful
confinement‟ or „wrongful restraint‟. When a person is restrained and is
prevented from going
right to proceed, is said
wrongfully to restrain that person.
340. Wrongful confinement - Whoever wrongfully restrains
any person in such a manner as to prevent ... limits, is said
"wrongfully to confine" that person."
50. The punishment for wrongful confinement and wrongful restraint
have been
