Theoretical overview
False imprisonment is an act of restraint on another person which confines that person in a bounded area. False Imprisonment is defined as an act of the defendant which causes the unlawful confinement of the plaintiff. False imprisonment occurs when a person (who doesn’t have legal authority or justification) intentionally restrains another person’s ability to move freely. This can also be called unlawful imprisonment.
When someone individually restrict another person freedom he is liable foe false imprisonment.
It may be either wrongful restraint as define in section 339 of Indian penal code.
Or wrongful confinement in section 340 means blocking all the possible exits.
For false imprisonment it is not necessary that person should be put behind bars but should be confined in such an area from where there is no possible way to escape.
Essentials of false imprisonment
- Wilful detention: Wilful detention applies to intentional restraint in any form, including physically restraining a person from exiting, physically locking him in a building, room, or from other places, and restraining him from leaving through force or intimidation. Accidentally closing the door when someone is on the other side is not a wrongful confinement or false imprisonment.
- Should be without any lawful justification
Remedies under false imprisonment
- Self help: A person who has been detained unlawfully may use self-help to flee with reasonable force to protect himself from unlawful arrest. The force used must be proportional to the conditions.
- Action for damages: person injured by conduct, either knowingly or negligently, is entitled to compensatory damages and has no duty to lessen the gravity of such damages.
- Writ of habeas corpus: This writ is considered an effective remedy for immediate release from wrongful detention, whether in jail or in private custody by English law. The Apex Court of India and the High Court of States issue this writ under Articles 32 and 226 respectively. It deals with cases of false arrest or prolonged detention by police officers
Important case laws
Bhim Singh vs. State of Jammu and Kashmir
In this case, the petitioner, MLA of J&K was to participate in the Assembly meeting. His opponents in order to prevent him from attending the Assembly session got him arrested wrongfully with the help of some executives and police. The Magistrate also granted remand to police without compliance of the mandatory requirement of production of the accused in the Magistrate’s Court before reminding him to police custody. He was released after the Assembly session got over. The Supreme Court held the State liable for wrongful arrest and detention of the petitioner and ordered a compensation of Rs. 50,000 to be paid to the petitioner.
Points to remember
- For false imprisonment it is not necessary that person should be put behind bars but should be confined in such an area from where there is no possible way to escape.
- False Imprisonment is defined as an act of the defendant which causes the unlawful confinement of the plaintiff.
- It may be either wrongful restraint as define in section 339 of Indian penal code.
