Answer
Ans :(a)
Wrongful Restraint:
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 obstructions 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 no having in good faith that he has a right to stop the path, Z, is thereby prevented from passing A wrongfully restrains Z.
Wrongful confinement:
Whoever wrongfully restrains an I1Ton in such a manner as to prevent that person from proceeding beyond certain circumscribing limits is said wrongfully to confine that person.
Illustrations
(a) A causes Z to go within a walled space, and locks Z in Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places man with firearms at me outlets or a building and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
Punishment for wrongful restraint:
Whoever wrongfully restrains any person, shall be punished with simple imprisonment for term which may extend to one month, or with fine which may and to five hundred rupees or with both.
Punishment for wrongful confinement:
Whoever wrongfully Confines any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both.
Aggravated form of offence:
The following are aggravated forms of this offence:
1. Wrongful confinement for three or more days (S. 343).
2. Wrongful confinement for ten or more days (S. 344).
3. Wrongful confinement of a person knowing that a writ for his liberation has been issued (S 345).
4. Wrongful confinement is secret so as to indicate, an intention that the confinement of such person may not be known to any person interested in that person or to any public servant (S. 346).
5. Wrongful confinement for the purpose of extorting any property, valuable security, or constraining person to do anything illegal or to give any information which may facilitate the commission of an offence (S. 347).
6.. Wrongful confinement for the purpose of extorting confession or information which may lead to the detection of an offence, or compelling restoration of any property or valuable security or the satisfaction of any claim or demand (S. 348).
Difference between wrongful confinement and wrongful
restraint: As regards the difference between the two, wrongful confinement, in the first place, is a form of wrongful restraint. It is Keeping a man within limits out of which he wishes to go and has a right to go, while wrongful restraint is keeping a man out of a place where he wishes to be, and has a right to be. In the second place, in wrongful confinement a person is restrained from moving beyond a certain area within which he is confined, but in wrongful restraint he is free to move anywhere other than to proceed in a particular direction. In other words there is full restraint in the former, but only partial in the latter. And. lastly, wrongful confinement is a more serious offence inasmuch as it prescribes punishment with imprisonment, simple or rigorous, extending to one year, or fine up to Rs. 1.000 or both, while wrongful restraint is punishable with simple imprisonment up to one month, or with fine up to Rs. 500, or both.
Ans: (b)
Assault:
Assault has been defined in Section 351 PPC, as—
1.who makes any gesture or preparation,
2.intending or knowing to be likely has such gesture or preparation will cause apprehension the person present that criminal force will be used against him.
Illustrations
(a)‘A’ shakes his fist at Z, intending or knowing it to be likely, that Z believes that ‘A’ is about to strike him. A commits ‘assault’.
(b) ‘A’ takes up a stick saying will give you a beating. Here the gesture coupled with the words amount to assault.
(c) Z adopts action of Judo Karata to attack, amounts to assault.
Criminal intimidation:
Criminal Intimidation has been defined in Section 503 PPC that whoever:
1. Threatens another with injury:
(i) to the property of that person;
(ii) to the person or reputation of that person or any one (including a deceased) in whom that is interested.
with intention:
(i) so cause alarm to that person, or
(ii) to do any act which he not legally bound to do, or
(iii) to omit to do any act which he is legally bound to do as the means of avoiding the execution of such threat is said to commit criminal intimidation.
Illustration
A for the purpose of inducing ‘B’ to desist from prosecuting suit, threatens to burn 13’s house. A commits, criminal intimidation.
Difference between Assault and Criminal Intimidation:
1. In assault, the gesture or the preparation is to cause the apprehension that criminal force will he used against his person. In criminal intimidation, the threat is to cause not only injury to the person of that man alone, hut also injury to his reputation and property and also to the person and reputation of anyone else in whom the threatened person is interested.
2. In criminal assault, there is not immediate purpose. In criminal intimidation the purpose is to induce the person threatened to do or abstain from doing something which he was not legally bound to do or omit.
3. In assault, the offence is committed as soon as the gesture or preparation is made to cause the apprehension of the use of criminal force. Nothing is left for the victim to avoid. In criminal intimidation, the execution of the threat is avoided if the person threatened acts as the offender desires.
4. In assault, the threat is directly to the person present. In criminal intimidation, the threat can be addressed not only to the person present but also to another, in whom the present person is interested including arid ceased.
5. In assault, only gestures or preparation of any sort are used, there need not be the use of any words. In criminal intimidation, threat, is extended by words, uttered in the presence of the victim or communicated to him, directly or otherwise.
6. In assault, both the offended and the victim are present face to face. In criminal intimidation the victim may notbe personally present. The threat can be communicated to him.