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Showing posts from November, 2019

Wrongful Restraint and Wrongful Confinement

Wrongful Restraint and Wrongful Confinement 
1. The term ‘wrongful restraint’ denotes a wilful obstruction of an individual to keep that individual from proceeding toward any path in which that individual has a privilege to continue.  2. According to section 339 of the Indian Penal Code, “Whoever voluntarily obstructs any person 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”. 
3. There are certain exceptions to this definition. The obstruction of a private way over land or water in which a person in good faith believes him to have a lawful right to obstruct is not an offense within the meaning of this section. 
4. Section 341 of the Indian Penal Code defines punishment for wrongful restraint. It states that 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 hundred rupees, or with bo…

IPC 390-402: Robbery & Dacoity

IPC 390-402: Robbery & Dacoity
1. Sections 390-402 of the Indian Penal Code defines various laws related to Robbery & Dacoity. Sections 390, 392, 393, 394 & 401 of the IPC deals with robbery and IPC sections 391, 395, 396,399, 400 & 402 deals with dacoity while sections 397 & 398 are common to both.  
2. Robbery refers to the taking of something of value, whether money, property or other valuable assets from someone through the use or threat of physical force. Robbery is an aggravated form of theft or extortion.
3. Elements of robbery;
1.    The actual taking away of the money or property must have taken place.
2.    The person committing the robbery must have the intent to steal or the intent to cause wrongful loss to one and wrongful gain to another. 
3.    There must be a threat of violence or the use of physical force during the robbery. 
4.    Robbery must be done in the victim’s presence.
4. In all robbery, there is theft or extortion. Section 390 of the Indi…