7 Major Differences Between Wrongful restraint and Wrongful confinement

7 Major Differences Between Wrongful restraint and Wrongful confinement are

1. Definition :- According to section 339 of IPC 1860  “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 wrongfully to restrain that person”

According to section 340 of IPC 1860 

“Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.”

2. Illustrations :- Wrongful restraint- 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.

Wrongful Confinement- A causes Z to go within a walled space, and locks Z. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines z.

3. Restriction :- Wrongful restraint is partial restraint of the personal liberty of a person. 

Wrongful confinement is absolute and total restraint or obstruction of personal liberty

4. Limits or boundaries :- In Wrongful restraint no circumscribing limits or boundaries are required. 

In Wrongful confinement certain circumscribing limits are always necessary.

5. Obstruction in movement :- In Wrongful restraint movement of only one or some directions is obstructed leaving thereby a choice for the victim to move in any other direction.

In Wrongful confinement movement in all directions is obstructed and a person is either not allowed to move or is compelled to move in any other direction.

6. Wrongful confinement implies Wrongful restraint but vice- versa is not correct. Wrongful confinement is a form of Wrongful restraint. 

7. Punishment :- Wrongful restraint-  According to section 141 of IPC  “Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.”

 Wrongful confinement- According to section 142 of IPC  “Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.”



References
Ratanlal & Dhirajlal- THE INDIAN PENAL CODE-33rd Edition
Criminal Law: Cases and Materials - Sixth Edition - K.D.Gaur
Prof. S.N.Misra - INDIAN PENAL CODE- 15th  Edition

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