Legal Remedies for Wrongful Confinement: A Comparative Analysis of Indian Jurisdiction

Published on 18th January 2025

Authored By: Ojaswi Chandrakar
Bharati Vidyapeeth, New Law College, Pune

 

Abstract

Every person within the territory of India has right to freedom of movement and personal liberty, this is guaranteed under Article 19 and 21 of Indian Constitution. [1]Wrongful confinement in simple language, is keeping or locking someone illegally against their will. When one person prevents other person from moving or leaving a place without legal authority or reason. It violates freedom of movement. If a person wrongful confinement someone, the legal remedies are available under various legal system, Indian penal code, now Bharatiya Nyaya Sanhita, wherein both criminal and civil remedies available. This Article gives information with definition, legal framework, and its consequences if a person is wrongfully confined by other person. The objective of this article is to highlight legal framework for wrongful confinement, its causes and role of court in providing justice to the victims.

Introduction

Wrongful confinement happens when a person knowingly restrain within a particular area without the will or consent of the person being confined, for example, locking someone in a room or keeping someone in the room and telling they will be fired if they try to leave. For better understanding of the term, wrongful according to Criminal law is, “An act which is injurious, needless, reckless, unjust, unfair, unlawful, illegal and negligent.” Or In simple words, “Act which is unlawful or unauthorized which amounts to civil or criminal wrong.” [2]And word Confinement means, “act of restraining a person’s freedom of movement” or “ keeping in a place where there is no way to escape.” Thus, Wrongful Confinement is keeping a person in a place illegally and restraining that person’s freedom of movement and personal liberty, which is one of the most important fundamental rights guaranteed to citizen of India. Wrongful confinement is not only restriction of movements but an unlawful act which restrains a person’s freedom.

Not only in India, but legal system worldwide recognize wrongful confinement as violation of human rights, with various legal provisions. Wrongful confinement remedies for criminal wrong is given in BNS, that is Bharatiya Nyaya Sanhita under section 127 and before it was given in IPC under section 339 & 340, and compensation through civil litigation in India.

Legal Definition of Wrongful Confinement

According to Indian law, Section 127 of BNS, “Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.”[3]

For example, A makes X to go within a walled space, and locks X in. X is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines X.

B places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. B wrongfully confines Z.

Punishment for wrongful confinement includes imprisonment which may extend to one year, or fine which may extend to five thousand rupees or both.[4]

Essential elements to prove wrongful confinement-

  1. The act or restrain must be intentional.
  2. The confinement must be without legal justification.
  3. The confinement must be for a particular duration, but the tenure for particular duration is not defined.

Exception- While in confinement, minor and restriction for a small period of time would not be considered as wrongful confinement.

Types of Wrongful Confinement

  1. Wrongful confinement for three or more days (Section 127 (3) of BNS)

“Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a period which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.” [5]This type of wrongful confinement cases can be taken by any court.

  1. Wrongful confinement for ten or more days (Section 127 (4) of BNS)

“Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees.” [6]This type of cases can also be taken by any court.

  1. Wrongful confinement of person whose liberation writ has been issued (Section 127 (5) of BNS)

“Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of the Chapter and shall also be liable to fine.” [7]This type of wrongful confinement cases is taken by JMFC (Judicial Magistrate First Class).

  1. Secret wrongful confinement (Section 127 (6) of BNS)

“Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discoverable by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.” [8]This type of cases can only be taken by JMFC (Judicial Magistrate First Class).

  1. Wrongful confinement for extortion of property, or constrain to illegal act (Section 127 (7) BNS)

“Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.”[9] This type of wrongful confinement cases can be taken by any court.

  1. Wrongful confinement to extort confession, or compel restoration of property (Section 127 (8) of BNS)

“Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.” [10]This type of confinement cases can be taken by any court.

Case Laws

  1. State V. Balakrishnan[11]

In this case, Madras High Court held that when a person enters the police station, then the police officer has the authority to provide jurisdiction and entertain the matter for which the person is being detained.

  1. Sovarani Roy V. King[12]

In this case, Calcutta High Court held that a person cannot be convicted of wrongful restraint, if the person believes in good faith if he has the right to prevent the other person from passing over his ground.

Wrongful Confinement V. Wrongful Restraint

Restraint in simple word is to restrict someone’s path or to restrict someone from moving or doing something, whereas, confinement is to confine someone totally to which he has no way to escape. The legal remedy for wrongful restraint is given under section 126 of BNS and for wrongful confinement it is given under section 127 of BNS.

Wrongful Confinement V. Kidnapping

Wrongful restrain and kidnapping are two very different things. Each and every kidnapping is confinement, but not every confinement is kidnapping. According to Section 137 of BNS, “Kidnapping is carrying away of human being against his or her consent or without the consent of a lawful guardian.”[13] Punishment for kidnapping is imprisonment which may extend to 7 years, and shall also be liable for fine.

Conclusion

Thus, we can conclude that, Wrongful confinement is confining someone to a place, restrain the person’s freedom of movement and personal liberty guaranteed under Article 19 and 21 of Indian Constitution. If any persons violate freedom of movement of another person, then he is punishable under Section 127 of BNS.

To understand wrongful restrain the best example is, if Mr. X asks her wife not to go outside, if done so, bucket full of water would fall on her, because of this wife didn’t go out of the house, this is wrongful restrain. Whereas, wrongful Confinement is, when a bugler entered Mr. X house, blocking the main door so that Mr. X couldn’t escape.

This article covers legal definition of wrongful confinement, its essential elements, exception, its various types and various case laws and difference between wrongful confinement and wrongful restrain, And, Wrongful confinement and kidnapping. 

 

  References

[1] Constitution of India, 1949

[2] Criminal Procedure Code, 1973

[3] Bharatiya Nyaya Sanhita, 2023

[4] Bharatiya Nyaya Sanhita, 2023

[5] Bharatiya Nyaya Sanhita, 2023

[6] Bharatiya Nyaya Sanhita, 2023

[7] Bharatiya Nyaya Sanhita, 2023

[8] Bharatiya Nyaya Sanhita, 2023

[9] Bharatiya Nyaya Sanhita, 2023

[10] Bharatiya Nyaya Sanhita, 2023

[11] State v. Balakrishnan (1992 CrLJ 1872 Mad)

[12] Sovarani Roy v. King (AIR 1950 CAL 157)

[13] Bharatiya Nyaya Sanhita, 2023

 

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