Emperor10.) Section 368 of the IPC would be
attracted if the accused wrongfully conceals or
confines a person with the knowledge that such person ... abduction is not established, the
accused can only be convicted for wrongful restraint
under Section 342 of the IPC.
26.In view of abovestated
hurt to deter public servant
from his duty.
341 Punishment for wrongful restraint.
354 Assault or criminal force to woman with intent
to outrage ... Punishment for kidnapping.
365 Kidnapping or abducting with intent secretly
and wrongfully to confine person.
376B Sexual intercourse by husband upon his wife
during separation
essential. Wrongful
confinement is defined in Section 340 of the Indian Penal Code,
which runs thus:
"340. Wrongful confinement.--Whoever wrongfully
restrains any person ... beyond certain circumscribing limits, is said
"wrongfully to confine" that person."
12. Wrongful restraint is defined in Section 339 of the Indian
essential. Wrongful
confinement is defined in Section 340 of the Indian Penal Code,
which runs thus:
"340. Wrongful confinement.--Whoever wrongfully
restrains any person ... beyond certain circumscribing limits, is said
"wrongfully to confine" that person."
12. Wrongful restraint is defined in Section 339 of the Indian
essential. Wrongful
confinement is defined in Section 340 of the Indian Penal Code,
which runs thus:
"340. Wrongful confinement.--Whoever wrongfully
restrains any person ... beyond certain circumscribing limits, is said
"wrongfully to confine" that person."
12. Wrongful restraint is defined in Section 339 of the Indian
under:-
"House-trespass after preparation for hurt, assault
or wrongful restraint.- Whoever commits house-
trespass, having made preparation for causing hurt to any
person ... 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
found to be
unlawful, having himself discharged and freed from such
restraint. The most characteristic element of the writ is its
peremptoriness. The essential ... production of the body of the person
alleged to be wrongfully detained is ancillary to this main
purpose of the writ. It is merely
found to be unlawful,
having himself discharged and freed from such restraint. The
most characteristic element of the writ is its peremptoriness.
The essential ... production of the body of the person
alleged to be wrongfully detained is ancillary to this main
purpose of the writ. It is merely
make it more appropriate for the High Court to
exercise self-restraint and not to intervene because the error of
jurisdiction though committed ... being taken care of
and corrected at a later stage and the wrong done, if any, would be
set right and rights and equities adjusted
Minimata Swa Sahayata Mahila Samuh ... vs Union Of India on 28 April, 2022
Author: Rajendra
