What is Section 341 IPC? Punishment for wrongful restraint
Published on: Lawiz Team
Learn about Section 341 IPC: Punishment for wrongful restraint
Official Legal Text
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 both.
What This IPC Section Means – Explained in Simple Words
Section 341 punishes anyone who wrongfully restrains another person from moving freely in any direction they have the right to move.
Purpose
To protect an individual's right to free movement and prevent unlawful restrictions.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 month, or fine up to 500 rupees, or both.
Key Elements
1. The act must involve wrongful restraint. 2. It must prevent the person from moving freely. 3. The restraint must be without lawful justification.
Punishment Details
Simple imprisonment for up to one month, or a fine up to 500 rupees, or both.
Illustrative Example
If a person stands in front of another on a public road, blocking their path without any lawful reason, it is wrongful restraint.
Legal Defenses
If the restraint is lawful, such as in a security checkpoint, it is not wrongful restraint.
Related Sections
Related to Section 340 (Wrongful confinement) and Section 342 (Punishment for wrongful confinement).
FAQs
What is Section 341 IPC about?
Punishment for wrongful restraint
What is the punishment under Section 341 IPC?
Punishment details depend on the offence specifics under Section 341 IPC.
Is the offence under Section 341 IPC bailable or non-bailable?
Depends on the severity and judicial discretion for Section 341 IPC.
How to file a case under Section 341 IPC?
You can approach the local police station and file an FIR mentioning necessary facts.
What are the possible defences against a charge under Section 341 IPC?
Possible defences include lack of intent, mistake of fact, and false implication.
Can you give an example situation under Section 341 IPC?
Examples vary but would typically involve scenarios covered by 'Punishment for wrongful restraint'.
Are there important case laws related to Section 341 IPC?
Specific case laws illustrate the interpretation of Section 341 IPC.