This is the most important yet the most complicated field of law. Students tend to get confused while studying it and thus have to go for law assignment help. Case studies are another aspect that the students have to deal with in the field of law. And then come to the moot courts which are the application part of the laws studied. Here you will learn all about restraint with wrongful confinement.
As well, and have to go for assignment help. Among these concepts are the less explored concepts of wrongful restraint and wrongful confinement.
The very similar yet different in meaning, the terms wrongful restraint and wrongful confinement are the acts of obstructing the freedom of movement of a person. Wrongful restraint refers to the act of knowingly obstructing the way of a person who has the right to proceed in that direction. Therefore, if you try restricting someone’s freedom of movement where he has it, it constitutes wrongful restraint. While studying wrongful restraint, you must keep two things in mind or be specific, satisfy two checkboxes which are:
- The obstruction done should be voluntary which means that the person obstructing the path of the other must do it deliberately and have knowledge of what he is doing.
For example, A was getting late for his office and saw that his friends were coming on the main road. He knew that if his friends saw him, they would start talking to him. Therefore, he decided to use B’s garden to take a shortcut and reach his office on time.
Important notes:
When B comes to know of this act, he prevents A from going that way. In such a case wrongful restraint has not occurred and.
B is not liable for the same because A trespassed B’s property and does not have the right to proceed in that.
Direction. Another example: A is getting late for his office, but he sees that B’s car has stopped in the middle of the path.
Because it is not working. As a result, huge traffic jam occurs in the way. He gets frustrated and blames B for wrongful restraint. In this case, B is not liable for wrongful restraint because.
Although A had the right to proceed in that direction, B did not voluntarily prevent him from going that way.
For wrongful restraint to occur, it is important that both these conditions are specified to hold a person liable for the crime.
For example, A is diligently working on his thesis but due to continuous noise from the children playing on the ground next to his house, he is not able to do his work. He does not like the children playing on the ground.
So, he decides to put a bord on the get of his house, next to the gate of the ground which says that Any person touching the gate would be electrocuted with 440 volts current. Although there was no current running in the ground gate since the board said the same, any person who wish to go to the ground got scared and did not go there.
Theory to be remembered:
On the other hand, confinement refers to the act of wrongfully restraining a person but within a confined space which is equivalent to locking a person into a room. Section 340 of the Indian Penal Code talks about wrongful confinement.
- The restraint must have occurred in a defined space, confining a person within that space.
Wrongful restraint does not always refer to directly confining a person, but also indirectly doing so by threatening a person to bear the consequences if does not stay within the prescribed limit. In this fear, B does not leave his room for several days. In this case, A is liable for wrongful confinement. The other obvious example is that a person directly locks the other within certain limits.
Whereas wrongful restraint refers to restricting the movements of a person, wrongful confinement refers to the act of confining a person. Therefore, wrongful restraint is partial while wrongful confinement is total.
Therefore, these were a few basic points that students need to keep in mind while studying wrongful restraint and confinement, for their law assignment help. These are the two less known concepts among people, who do not even have an idea whether such acts happening with them are actually crimes or not.
Students too, tend to study these concepts less but these are important ones. Almost everything that the beginners in law that change. Need to know about the two concepts that will be covered. Above and would provide students assignment help.
The Guidance according to the situation:
B is not liable for the same because A trespassed B’s property and does not have the right to proceed in that.
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Students pursuing higher studies are usually having very busy schedules. These are the two less known concepts among people, who do not even have an idea whether that will change the reading experience in much better view. such acts happening with them are actually crimes or not.
For example, A is diligently working on his thesis but due to continuous noise from the children playing on the ground next to his house, he is not able to do his work. He does not like the children playing on the ground.
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Conclusion:
The very similar yet different in meaning, the terms wrongful restraint and wrongful. Confinement is the act of obstructing the freedom of movement of a person. Wrongful restraint refers to the act of knowingly obstructing the way of a person who has. The right to proceed in that direction. Therefore, if you try restricting someone’s freedom of movement where he has it, it constitutes wrongful restraint. While studying wrongful restraint, you must keep two things in mind or be specific, satisfy two checkboxes which are:
Although there are several grounds that best describe the facts which will make happen causes. no current running in the ground gate since the board said the same, any person who wish to go to the ground got scared and did not go there.
