Section 340 of Indian Penal Code defines wrongful confinement as an act by which a person voluntarily restrain a person from proceeding beyond circumscribing limit then it is wrongful confinement of that person.
But what is wrongful restraint? Wrongful Restraint is defined under section 339 of Indian Penal Code as voluntarily obstructing or preventing any person from proceeding in any direction.
Wrongful confinement is punished under section 342 of Indian Penal Code with imprisonment for a term which may extend to one years or with fine which may extend to one thousand rupees or both.
So, we understand what wrongful confinement is and its punishment but is there any provision in the Code of Criminal Procedure for the search for a person wrongfully confined?
Yes, Section 97 of the Code of Criminal Procedure talks about the same. It states that any District Magistrate, Sub divisional magistrate or Judicial Magistrate first class can issue a warrant for the search of that person. The person to whom the warrant is issued will search and if the person is found, then he shall immediately take him before a magistrate.
Do you know Article 32 (writ of habeas corpus) also talks about rescue of a wrongfully confined person but In India, the provision of Code of Criminal Procedure (Section 97) is mostly used than writ of habeas corpus.
