12/9/2018 Trespass to person : Assault, Battery and False Imprisonment in Torts Law ( Complete Notes pdf ) - UPrepareLaw

Unlawful Detention in False Imprisonment

Lawful Detention in False Imprisonment
Place of Con nement
Defences of False Imprisonment
Remedies for False Imprisonment
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Assault is de ned under section 351 of Indian Penal Code.

An assault is an act which intentionally causes another person to apprehend the in iction of
the immediate, unlawful force on a person.

Assault in Torts Law

Important ingredients to prove assault : 

Apprehension in the mind of the person. )

And prima facie ability to do the harm.

Case Law : R V. Meade & Belt ( 1823 )

The defendants surrounded the victim’s house singing, threatening and menacing songs.
Plainti sued the defendants for doing so but the court held that no assault was committed.
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Holroyd J stated that no words or singing are equivalent to an assault. Therefore, words
alone can’t amount to assault. However, if the words caused the person to apprehend
force then there should be no reason why it couldn’t be an assault.

Therefore, Assault is an act of putting another person in reasonable fear or apprehension of

an immediate battery. This could be done by the act amounting to an an attempt or threat
to commit a battery that amounts to an actionable tort of assault.

Battery in Torts Law

Battery is de ned under section 350 of Indian Penal Code.

A battery consists an intentional application of force to another person without any lawful
justi cation.

Battery in Torts Law

Essential Requirements : 

There should be use of force, and

Use of force must be without any lawful justi cation.

Case Law : Pratap Daji V. B.B & C.I Ry.

The plainti entered a carriage on the defendant’s railway but due to oversight he failed to
purchase the ticket for his travel. At an intermediate station, he asked for the ticket but he
was refused and was asked to get out of the carriage as he was travelling without ticket.
When the plainti refused to move out of the carriage, the defendant used force to move
him out of the carriage.
The court held that here the use of the force is justi ed as the plainti was travelling without
ticket. Therefore, defendants were not held liable.
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False Imprisonment in Torts Law

False Imprisonment is restraining a person in circumscribed limit without any lawful
justi cation and the consent of the person.

A false imprisonment is complete deprivation of liberty for any time, however short, without
any lawful excuse.

False Imprisonment in Torts Law

Essentials of False Imprisonment : 

There should be total restraint on the liberty of a person.

It should be without any lawful justi cation.

Section 339 of Indian Penal Code states wrongful restraint ( partial restraint ) , Therefore it
doesn’t amounts to false imprisonment.

Section 340 of Indian Penal Code ( IPC ) states wrongful con nement ( total restraint ) , that
mean no way to escape, thus results in false imprisonment.

Case Law : Bird V. Jones ( 1845 )

Plainti was on the highway and wanted to continue along it. But the part of the public
highway was closed for spectators who paid to see a boat race. Defendant restricted the
plainti from passing on in the direction in which he wished to go, though the plainti was
free to go in any other direction.
Plainti sued the defendant for false imprisonment, but since partial restraint doesn’t
amount to false imprisonment, defendant was not held liable.

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Therefore, if there is reasonable escape route, then there will be no false imprisonment as
there will be no total restraint. For Example : if a person is con ned in a room at ground
oor with window of the room be opened, for a man with ordinary prudence it doesn’t
amount to false imprisonment.

Also, period of con nement doesn’t matter, even if the con nement was just for two
minutes, it will also be treated as false imprisonment. More the time period of con nement,
more will be the compensation.

Intention factor per se is considered as a general rule, i.e, it’s an intentional tort and
negligence plays the part of intention.

Knowledge of the plaintiff

Can a person be falsely imprisoned without his knowledge ?? The answer is Yes.

Person’s knowledge of false imprisonment doesn’t matter.

The  con ned plainti  doesn’t have to be aware of the con nement or harm as it is
actionable per se.
If the plainti knows that he is being con ned, he gets more damages than the one
who doesn’t know about the con nement.

Case Law : Herring V. Boyle ( Overruled & not preferred now )

School principal ( defendant ) asked the mother of a student to pay the pending fee. If she
will not pay the fee then defendant will not let her son move out of the school premises. It
was held that the knowledge of person is essential and since child doesn’t know about this, it
does not amounts to false imprisonment.

Case Law : Meering V. Graham White Aviation Co. Ltd. ( 1920 ) ( Preferred Judgement )
An employee was suspected of theft  and he was kept in waiting room with some other
employees till the police reached. Even other employees were directed to keep an eye on
him andprevent from   to go out.
Police came and all the formalities were carried out and found that plainti was not involved
in theft. Plainti sued the defendant for false imprisonment. The court held the company
liable though the plainti wasn’t aware of the con nement earlier.

Stopping a person by threatening or physical means results in false imprisonment. For

example, Raju  was sleeping and Chutki locked the door and then opened before  Raju
awakes. This also amounts to false imprisonment.

Unlawful Detention in False Imprisonment

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In order to say that a retention to be falsely imprisoned, it is necessary that the retention
must be unlawful without any justi cation.

Case Law : Bhim Singh V. State of Jammu & Kashmir

Bhim Singh(plainti ) was detained by the police when he was on his way to attend assembly
seasion for his work.He was not even presented in front of magistrate within the requisite
time. Compensation of Rs. 50,000 was granted to plainti as he was falsely imprisoned.

Case Law : Rudul Shah V. Sate of Bihar

The petitioner was acquitted by the court in the year 1968 but was released from Jail in
1982. The state justi ed the reason behind 14 years that Rudul Shah was going under a
medical treatment. Plea was rejected and a compensation of Rs. 35,000 was granted to the
plainti .

Lawful Detention in False Imprisonment

If there is some lawful justi cation behind any con nement, then it does not amount to false
imprisonment.

Case Law : Herd V. Weardales, Steel, Coal and Coke Co. Ltd.
A contract between the plainti and the defendant was signed that plainti will work in mine
for a particular shift. Plainti requested to come out of the mine but defendant didn’t allow
him to come out. The court held that there is no false imprisonment as the defendant was
having the defence of the signed contract by the plainti . 

Place of Confinement
It could be any place. It is not necessary that the con ned place must be Jail or something
like that. Any place where the person is totally restrained of his freedom to move results in
false imprisonment.

Defences of False Imprisonment

1. Consent of the plainti  

Consent of plainti or Volenti Non Fit Injuria : There is no imprisonment if the plainti
agrees or freely chose to act in conformity with the request of the defendant. For example :
One who enters the premises of others upon some terms which involves some restrictions
on his liberty can’t complain of false imprisonment.

Case Law : Robinson V. Balmain New Ferry Co. Ltd.

Plainti entered a ferry terminal after paying a penny. He then chose to leave without
boarding the ferry. Money was demanded by the defendant as to let him pass the exit gate

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as money was only charged at one side of the crossing. Since, there was a reasonable
condition imposed, it can’t be said that the plainti was falsely imprisoned. 

Case Law : Bird V. Jones ( 1845 )

Plainti was on the highway and wanted to continue along it. But the part of the public
highway was closed for spectators who paid to see a boat race. Defendant restricted the
plainti from passing on in the direction in which he wished to go, though the plainti was
free to go in any other direction.
Plainti sued the defendant for false imprisonment, but since partial restraint doesn’t
amount to false imprisonment, defendant was not held liable.

Case Law : Rudul Shah V. Sate of Bihar

The petitioner was acquitted by the court in the year 1968 but was released from Jail in
1982. The state justi ed the reason behind 14 years that Rudul Shah was going under a
medical treatment. Plea was rejected and a compensation of Rs. 35,000 was granted to the
plainti .

Case Law : Bhim Singh V. State of Jammu & Kashmir

Bhim Singh(plainti ) was detained by the police when he was on his way to attend assembly
section for his work.He was not even presented in front of magistrate within the requisite
time. Compensation of Rs. 50,000 was granted to plainti as he was falsely imprisoned.

Case Law : Mee V. Cruishank

In this case also, a prisoner was retained even after the acquittal for some time. Therefore,
defendant was held liable to compensate the plainti .

Case Law : Sebastian Hongray V. Union of India

The plainti wasn’t presented in front of the court even after the writ habeas corpus was
issued. Plainti was compensated.

2. Contributory Negligence

If there is contributory negligence, then it might be taken as a defence for false

imprisonment.

3. Self Defence 

The law permits the use of reasonable force to protect one’s person or property. If
defendant uses force which is necessary for self defence, he will not be liable for the harm
caused thereby. The force should not be excessive.

4. Parental Authority & Other Authority 

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A parent is not guilty of an assault if he physically interferes with his child. Interference can
be by the way of reasonable restraint, or chastisement, or therapeutic reasons.

For example : While taking a blood sample a child may not act nicely, therefore use of force
by parent in such case will be reasonable.

5. Preservation of Public place 

Person who disturbs the public worship or public meeting must be lawfully removed for
making the things good.

6. Statutory Authority 

Statutory authority also holds good defence for false imprisonment.

7. Prevention of Trespass 

For the prevention of trespass only reasonable and justi ed force should be used and that
too be used after the warning.

8. Inevitable Accidents

Inevitable accidents means something that can’t be avoided or something that wasn’t
reasonably foreseen even after due care and caution.

Remedies for False Imprisonment

1. Damages

Damages are the usual sort of remedies that are granted to plainti . But in some case
aggravated damages or pecuniary damages are granted depending upon the facts of case.

2. Habeas Corpus

It is a writ requiring a person under arrest to be brought before a judge or into court,
especially to secure the person’s release unless lawful grounds are shown for their
detention.

3. Self Help

Self Help is di erent from self defence. It means helping yourself to get out of the
con nement. Though there are provisions for it :

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If the means of escape is reasonable, and the plainti tries to escape and got injured
in the process, he can even claim those damages. For example, A person locked in a
room on ground oor with one window open. This is considered as reasonable
means of escape.
If the means of escape is not reasonable , and still the plainti tries to escape and got
injured in the process, he can’t get damages for this. For example, A person locked in
a room on 7th oor with one window open. Here, it is clearly seen that the means of
escape isn’t reasonable.

That’s all for the Trespasser to Person : Assault,

Battery, and False Imprisonment in Torts Law. Still left
with any doubts regarding the topic ?? Just contact us
by commenting down or through our facebook page,
and we will reply to you 🙂

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