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 hurt, or of instant wrongful
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
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OFFENCE OF WRONGFUL RESTRAINT IS NOT MADE OUT
23. Section 341 of IPC provides punishment for the offence ... wrongful
restraint, which has been defined in Section 339 of IPC as under:
“339. Whoever voluntarily obstructs any person so as to prevent that person
Indian Penal Code.
The trial Court while holding that assault, wrongful
restraint and wrongful confinement were proved against the
appellants nevertheless acquitted them because ... makes a person who wrongfully restrains another, guilty
of the offence under that section. A wrongful confinement
is a wrongful restraint in such a manner
follows:
“452. 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
and person in fear of hurt, or of assault, or of wrongful
restraint, shall be punished with imprisonment
started in October, 1993 by filing a complaint alleging, inter alia, wrongful restraint, which has been made punishable by Section 341. The Metropolitan Magistrate took ... made out inasmuch as for an action to amount to "wrongful restraint", the person concerned must have "right to proceed
cheating ( section 420 ) or insult ( section 504 ) or wrongful restraint
( section 341 ) or causing hurt ( section 323 ) and there was no other material
to show ... Code, but may
technically show the ingredients of offences of wrongful restraint under
section 341 and causing hurt under section
offence of house trespass for
wrongful restraint under Section 452 , IPC, five years rigorous
imprisonment and a fine of Rs.4,000/- for the offence
offence under Section 341 of
the IPC or otherwise.
`Wrongful restraint' has been defined under Section 339 of the IPC in
the following words
Bishna @ Bhiswadeb Mahato & Ors vs State Of West Bengal on 28 October, 2005
Equivalent
