Indian Penal Code, 1860
Section 340
repealedWrongful confinement
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Why this exists
This section builds on the definition of wrongful restraint to describe a more complete deprivation of liberty, where the person has no way out at all, not just one blocked direction. It sets up the more serious punishments in the following sections.
How courts read it
Courts have distinguished confinement from restraint by looking at whether the person had any means of escape within the bounded area; if they were completely enclosed with no way out, it amounts to confinement rather than mere restraint.
Common misconceptions
- Myth: Confinement and restraint mean the same thing.
Fact: Restraint blocks one direction while other paths remain open; confinement means the person is boxed in completely with no way out.