Wrongful restraint
AI Assist
Summary
Voluntarily blocking someone so they cannot go in a direction they have a legal right to go is wrongful restraint. It covers any act that prevents a person from proceeding where they lawfully may. If the blocker honestly believes they have a right to obstruct a private way over land or water, that act is not an offence.
Example
Ravi stands across the only lane from Meera's house to the road and refuses to let her pass, though Meera has a right to go that way. Ravi does not honestly believe he has any right to stop her. He has wrongfully restrained Meera and can be held criminally liable.
Bare Act
Enacted textWhoever 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.
Exceptions
(1) 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.
Illustrations
(1) 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.
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