Crime & Punishment
The offence of 'Wrongful Confinement' and 'Wrongful Restrain'
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The illegal confinement of one individual against his or her will by another individual in such a manner that violates the confined individual's right to be free from restraint of movement can be defined as wrongful confinement.
Section 340 of the Penal Code 1860 discusses the offence of wrongful confinement which states that if a person wrongfully restrains somebody in such manner because of which confined person is prevented from proceeding beyond certain limits, then it will amount to wrongful confinement. As for example: 'A' 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. A wrongfully confines 'Z'.
Wrongful restraint means to voluntarily obstruct any person to prevent that person from any particular proceedings in which confined person has right to proceed. Provided that, if any person obstructs any private way over land or water in good faith believing to have rights on that is not an offence. Section 339 of the Penal Code 1860 defines this offence and lays down the exception too.
PUNISHMENT
Punishment for wrongful restraint has been provided in the Penal Code under section 341, whereby a person who wrongfully restraints any other person shall be punished with simple imprisonment for a term which may extend to one month or fine which may extend to five hundred taka or both. The punishment for wrongful confinement has been dealt with in section 342 of the Penal Code, which states that a person who confines another person wrongfully shall be punished with imprisonment of either description for a term which may extend to one year or fine which may extend to one thousand taka or with both.
If any person wrongfully confines any other person for three or more days he shall be punished with imprisonment of either description for a term which may extend to two years or fine or both according to section 343 of the Penal Code.
If confinement extends to ten or more days then the offender shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable for fine.
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