What is Section 357 IPC? Assault or criminal force in attempt wrongfully to confine a person
Published on: Lawiz Team
Learn about Section 357 IPC: Assault or criminal force in attempt wrongfully to confine a person
Official Legal Text
Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that 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.
What This IPC Section Means – Explained in Simple Words
Section 357 punishes anyone who assaults or uses criminal force against a person with the intent to wrongfully confine them.
Purpose
To protect individuals from being attacked or forcibly confined against their will.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both.
Key Elements
1. There must be an act of assault or criminal force. 2. The intent must be to wrongfully confine the person. 3. The confinement must be without lawful justification.
Punishment Details
Imprisonment of up to one year, or a fine, or both.
Illustrative Example
If a person forcibly drags another into a room and locks the door, it is an offence under Section 357.
Legal Defenses
If the confinement is lawful, such as protective custody, it is not an offence.
Related Sections
Related to Section 342 (Wrongful confinement) and Section 362 (Abduction).
FAQs
What is Section 357 IPC about?
Using assault or criminal force with the intention to wrongfully confine a person.
What punishment is provided under Section 357 IPC?
Simple imprisonment up to 1 year, or fine up to 1,000 rupees, or both.
Is offence under Section 357 IPC bailable?
Yes, it is bailable.
Example situation under Section 357 IPC?
Physically pushing a person into a locked room.
How to file an FIR under Section 357 IPC?
Visit local police station and lodge FIR.
Which court handles Section 357 IPC?
Magistrate Court.
What defences are possible?
Lack of wrongful intention is a possible defence.