False Imprisonment. under Tort Law
False Imprisonment
False imprisonment is a tort and a criminal offense involving the unlawful restraint or confinement of a person against their will, without legal justification.
Key Elements of False Imprisonment
Intentional Restraint: The defendant intentionally restricts the plaintiff’s freedom of movement.
Complete Confinement: The victim is confined within boundaries set by the defendant — this can be physical barriers, threats, or other means.
Without Consent: The confinement happens without the consent of the person.
Without Legal Authority: There is no lawful justification (like an arrest by a police officer under proper authority).
Examples of False Imprisonment
Locking someone in a room without their permission.
Physically holding someone to prevent them from leaving.
Threatening a person to keep them confined in a place.
Detaining a customer in a shop without reasonable cause.
False Imprisonment in Indian Law
Criminal aspect: Covered under Section 340 of the Code of Criminal Procedure (CrPC) as wrongful restraint or wrongful confinement.
Tort aspect: The person confined can sue for damages for the violation of personal liberty.
Differences from Related Offenses
| Offense | Explanation |
|---|---|
| False Imprisonment | Total restraint of liberty without legal authority. |
| Wrongful Restraint | Preventing someone from moving in any direction, but not necessarily complete confinement. |
| Kidnapping | Taking or carrying someone away against their will. |
Remedies
Civil: Compensation for the unlawful detention.
Criminal: Punishment under law, including fines or imprisonment.
Summary Table
| Element | Description |
|---|---|
| Act | Unlawful confinement/restraint |
| Intent | Intentional act to confine |
| Consent | Without victim's consent |
| Legal justification | None |
| Legal consequences | Civil liability & criminal penalties |
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