Wrongful restraint
AI Assist
Summary
Voluntarily blocking someone so they cannot go in a direction they have a right to go is wrongful restraint. If a person in good faith believes they have a lawful right to obstruct a private way, it is not an offence. Wrongful restraint is punishable with up to one month simple imprisonment, or a fine up to five thousand rupees, or both.
Example
Priya stands across a shared lane and deliberately blocks Rohan who has a right to pass, and she does not honestly believe she has a right to stop him. Rohan cannot go through. Priya has wrongfully restrained Rohan and can be punished with up to one month simple imprisonment, or a fine up to five thousand rupees, or both.
Bare Act
Enacted text(1) Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
Exception: The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
(2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.
Previous year papers
Pick your exam. we'll email the most recent paper.