with prosecutions for alleged encroachments, etc., detained some of them under wrongful restraint and infringed rules for preserving secrecy of the election--these things having ... official duty. It is conceded that the alleged act of wrongful restraint cannot be said to have been committed by the Chairman in his capacity
appropriate to
consider the legal provisions. Section 339 of IPC defines
wrongful restraint which reads as under:-
"339. Wrongful restraint.--Whoever
voluntarily obstructs ... wrongfully restraining any person, or for
putting any person in fear of hurt or of
assault or of wrongful restraint, shall be
punished with imprisonment
attempts
to cause to any person death or
hurt or wrongful restraint, or fear
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of instant death or of instant
hurt, or of instant wrongful
restraint. Before theft can amount
to 'robbery', the offender must
have
attempt to cause to any person
death or hurt or wrongful restraint or fear of instant death
or of instant hurt or of instant wrongful ... attempts to cause either death or hurt or a wrongful restraint.
Death is admittedly excluded in this case; „hurt‟ has been suffered
by the victim
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 ... attempts to
cause to any person death or hurt or wrongful
restraint, or fear of instant death or of instant
Page
finding of guilt.
9. Section 341 of IPC provides punishment for wrongful
restraint. Section 339 of IPC defines "wrongful restraint ... Wrongful restraint". Whoever voluntarily
obstructs any person so as to prevent that person
from proceeding in any direction in which that person
Although Kamini thus denied twice that she had been kept under wrongful restraint or wrongful confinement by the accused, the learned Magistrate permitted the learned ... question, therefore, for consideration is whether there is any evidence of wrongful restraint or wrongful confinement of Kamini during the period from April
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
wrongfully
restraining any person, or for putting any person in fear of hurt,
or of assault, or of wrongful restraint, shall be punished with
imprisonment ... wrongfully restraining any person, or
for putting any person in fear of hurt, or of assault, or of
wrongful restraint and secondly he must commit
Pratik Jagdishbhai Thakkar & 5 vs State Of Gujarat & on 5 May, 2017
Author
