A police officer can commit wrongful restraint by confining a person in his police custody. So, here we will understand aggravated forms of wrongful confinement. Section 340 of Indian Penal Code states that if a person prevents another person from proceeding beyond “circumscribing limits” then it is said to be wrongful confinement.
Essential requisite of this section –
- Wrongful restraint
- Prevent from proceeding
- Beyond circumscribing limits
Section 342 of Indian Penal Code talks about punishment for wrongful confinement. The person committing wrongful confinement shall be punished with imprisonment for a term which may extend to one year or fine which may extend to 1,000 rupees or both.
Aggravated forms of wrongful confinement –
Section 343 of Indian Penal Code
Section 343 of Indian Penal Code states that if a person wrongfully confined another person for more than 3 days then he shall be punished with imprisonment for a term which may extend to two years or fine or both.
Section 344 of Indian Penal Code
Section 344 of Indian Penal Code states that if a person wrongfully confines another person for ten days or more then he shall be punishable with imprisonment for a term which may extend to three years along with fine.
Section 345 of Indian Penal Code
Section 345 of Indian Penal Code states that if a person knowingly wrongfully confines a person whose liberation writ ( habeas corpus issued under article 32 and 226 of constitution of India) has been issued, shall be punished with imprisonment for a term which may extend to two years along with the prescribed punishment for the offence he committed.
Section 346 of Indian Penal Code
Section 346 of Indian Penal Code states that if a person wrongfully confined another person in secret with an intention that no one else will know, not even the public servants will be able.to find him then he shall be punishable for a term which may extend to two years along with the prescribed punishment for the offence he committed.
