Wrongful restraint and wrongful confinement

Introduction:
Wrongful restraint and wrongful confinement are the offences against any person
to stop his movement to which he has a legal right by either putting restraints or
by confining him within a particular place from where he cannot move out.
Pakistan Penal Code lays down penal sanctions in case a person violates the
freedom of movement or personal liberty of another.
Relevant provision:
Section 339 to 348 of Pakistan Penal Code, 1860.
Definition of wrongful restraint under section 339 of P.P.C:
Whoever voluntarily obstructs any person so as to prevent that person from
proceeding in any direction in which that person has a right to proceed, is said to
wrongfully restrain that person.
Essential ingredients of this section:
This section requires:
1- Voluntarily obstruction of a person.
2- The obstruction must be as such to prevent that person from proceeding in
any direction in which he has a right to proceed.
Illustrations:
(a) A builds a wall across a path along which Z has a right to pass. Z is thereby
prevented from passing, A wrongfully restrains Z.
(b) A threatens to set a savage dog at Z, if Z goes along a path along which Z
has a right to go. Z is thus, prevented from going along that path. A
wrongfully restrains Z.
Case law
Shoba rani vs. the king
In this case the landlord was accused of preventing his tenant from using the
bathroom. By stopping the tenant from using something he had the right to
use, the landlord was guilty of wrongful restraint.
(1950) mad. 858
the driver of a bus purposely made his bus stand across the road in such a
manner as to prevent another bus, which was coming from behind to proceed
further. It was held that the driver of the first bus was guilty of wrongful
restraint.
Exception:
The obstruction of a private way other than land or water which a person in
good faith believes himself to have a lawful right to obstruct, is not an offence
within the meaning of this section.
Illustration:
A obstructs a path along which Z has a right to pass. A not believing in good
faith that he has a right to stop the path. Z is thereby prevented from passing.
A wrongfully restrains Z.
Punishment of wrongful restraint under section 341 of P.P.C:
Whoever wrongfully restrains any person, shall be punished with simple
imprisonment of either description for a term which may extend to one
month, or with fine which may extend to one thousand five hundred rupees,
or with both.
Definition of wrongful confinement under section 340 of P.P.C:
whoever wrongfully restrains any person in such a manner as to prevent that
person from proceeding beyond circumscribing limits, is said “wrongfully to
confine” that person.
Illustrations:
(a) A causes Z to go within a walled space, and locks Z in. Z is, thus, prevented
from proceeding in any direction beyond the circumscribing line of wall. A
wrongfully confines Z.
(b) A places men with fire-arms 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.
Essential ingredients of wrongful confinement:
 Following are the ingredients of wrongful confinement.
(i) Restraint:
Wrongful confinement which is a form of wrongful restraint, is the
keeping of a man within limits out of which he wishes to go, and has a
right to go.
(ii) Wrongful and total restraint:
Preventing the person from proceeding beyond certain circumscribing
limits. There must be a total restraint and not a partial one.
(iii) Prevent that person from proceeding:
There can be no confinement when a desire to proceed has never
existed nor can a confinement be wrongful if it was consented to by the
person affected.
Case law
State vs. Balakrishnan
The complainant was detained in the police station when this was brought to
court, the accused claimed that complainant was at liberty to go away from the
police station at any time. The Court remarked that when a citizen enters into a
police station, the police officers’ authority prevails in that jurisdiction and they
entertain it with a ruddy manner. Court held that the accused committed the
offence of wrongful confinement.
Punishment of wrongful confinement
Under section 342 of P.P.C:
Whoever wrongfully confines any person, shall be punished with imprisonment of
wither description for a term which may extend to one year, or with fine which
may extend to three thousand rupees, or with both.
Wrongful confinement for three or more days
Under section 343 of P.P.C:
Whoever wrongfully confines any person for three days or more, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or both.
Wrongful confinement for ten or more days
Under section 344 of P.P.C:
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 three
years and shall also be liable to fine.
Difference between wrongful restraint and wrongful confinement:
Wrongful restraint Wrongful confinement
(i) Particular direction: (i) Any direction:
In case of wrongful restraint, a person in wrongful confinement, a person
obstructed is obstructed to move to a cannot go or move to any direction
particular direction. whatsoever.
(ii) Partial restraint: (ii) Total restraint:
There is a partial restraint in There is a total restraint and
wrongful restraint. it is a kind of total
(iii) It is the genus, i.e., it is a imprisonment.
wider term and includes (iii) It is a species of wrongful
several types of restraint restraint, that is to say it is a
under it. type of wrongful restraint.
(iv) Less serious offence: (iv) More serious offence:
It is not a very serious It is a more serious offence
offence and is punishable and is punishable with a
with lesser imprisonment or more severe punishment
fine. than wrongful restraint.
(v) Punishment: (v) Punishment:
Wrongful restraint is Wrongful confinement is
punishable with one month punishable with one year
imprisonment or Rs 1500 imprisonment, or Rs 3000
fine, or both under sec 341. fine or both under sec 342.

Conclusion:
Wrongful restraint is essentially a restraint in line, this means that it involves all sorts of restraint
that happen in a path or road or any sort of movement in a straight line. On the other hand,
wrongful confinement is in a circle, this means that it involves all sorts of restraints that happen in a
circumscribed limit such as restriction from leaving a room or building or a park.