INTRODUCTION
Confinement refers to a state where someone is restricted its movement, it may be physically or mentally. India gives right to movement under article 21 of the Indian constitution to its citizens. Right to movement is the fundamental right of a person. If someone restricts you to go somewhere without any valid reason then you can go to supreme court under article 32 of Indian constitution. There are two types of restriction, one partial restriction and another one is total restriction on one person. All restrictions are imposed by someone is not unlawful. Only wrongful restrictions are punishable under Indian penal code.
WHAT IS WRONFUL CONFINEMENT?
Wrongful confinement is defined under section 340 of Indian penal code. Wrongful restraint is different from wrongful confinement. Wrongful restraint is the partial restraint done by someone to another person and wrongful confinement is total restraint done by someone to another person. Example of wrongful confinement, A a person who restraint B another person by closing in a room then it is total restraint and if A restrain B to go somewhere in a particular then it is wrongful restraint. But there are some restriction for some reason if here A is a police officer and B is going to somewhere and A restrict him to go in that particular direction because some construction work is going on then here A is not liable for the wrongful restraint because this restriction is vaild according to the law.
WHAT IS WRIT?
Before understanding section 345 of IPC, first we see about the what is writ. In Indian law, a writ is a formal written order issued by a court or other competent authority. The writ jurisdiction of the High Courts is one of the important jurisdictions under the Indian Constitution. Article 226 of the Constitution empowers High Courts to issue writs for enforcement of fundamental rights or for any other purpose.
The five types of writs that can be issued by the High Courts in India are:
Habeas Corpus: This writ is used to secure the release of a person who has been unlawfully detained or imprisoned.
Mandamus: This writ is used to compel a public official or authority to perform a specific duty that they are legally obligated to perform.
Prohibition: This writ is used to prohibit a lower court or tribunal from exceeding its jurisdiction or acting in a manner contrary to the rules of natural justice.
Certiorari: This writ is used to quash a decision or order of a lower court or tribunal that is illegal, without jurisdiction, or in violation of the principles of natural justice.
Quo Warranto: This writ is used to question the right of a person to hold a public office or position and to demand that they show by what authority they hold the office.
These writs are powerful tools to protect the fundamental rights of citizens and ensure that public authorities act in accordance with the law.
SECTION 345 OF INDIAN PENAL CODE
Section 345 of IPC talks about Wrongful confinement of person for whose liberation writ has been issued
“ Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter. “
There is a word written in this section 345 of IPC definition is writ for the liberation.
Writ for the liberation is also known as writ of habeas corpus . It is one of the legal remedy which can use by one person for to secure the unlawful detention or imprisoned. Habeas corpus is a Latin term which means “ you shall have the body” , which refers to the power of the court to order that a person who is being held in custody be brought before the court. Writ of habeas corpus is the fundamental right which is granted under article 21 of the Indian constitution. And Section 345 of Indian Penal Code is talked about the wrongful confinement of any person who are already in lawful custody. The person who do wrongful confinement to any person then that person is punish with the imprisonment which extend to 2 years, fine or imprisonment with fine.
Lawful custody refers to a situation where a person is being held in custody by a lawful authority such as police authority. The purpose of this section is to protect the rights of the prisoners and to ensuring that the due process of law is followed and rights of the person in the custody are respected. The writ of habeas corpus can be filled by the friend, relatives of the prisoner or by anyone else on their behalf. If the court finds that the custody is illegal then that person is immediately released from the jail and this section protect the fundamental right (Article 21) right to life and personal liberty of the prisoner. It is important to note that the writ of habeas person is being held in lawful custody, such as cases where a person has been arrested or imprisoned by the police or the judiciary as per the due process of law. In such cases, other legal remedies may be available to challenge the legality of the custody but the writ of habeas corpus may not be applicable.
ILLUSTRATION OF SECTION 345
A is an employer who runs a factory. B, one of his employees, has been complaining about the poor working conditions and low wages for a while. A, in order to silence B, decides to wrongfully confine him in a small room within the factory premises. A tells B that he will not release him until he withdraws his complaints and signs a document stating that he is happy with his job.
B is frightened and scared, as he has been confined for days without food and water. He eventually signs the document, but A refuses to release him and continues to keep him confined. B’s family becomes worried about his sudden disappearance, and they file a complaint with the police.
The police investigate and discover that A has been wrongfully confining B. They arrest A and charge him with the offense under Section 345 of the IPC. A is found guilty and is sentenced to imprisonment for a term of two years, and he is also fined for his actions.
In this illustration, A wrongfully confined B with the intention of forcing him to withdraw his complaints and to sign a document that he did not want to sign. This act of wrongful confinement resulted in B being deprived of his freedom and autonomy, and it caused him emotional and physical harm. The punishment that A received for his actions under Section 345 of the IPC serves as a warning to others that wrongful confinement is a serious offense that carries severe consequences.
CONCLUSION
By concluding this topic, section 345 of Indian Penal Code is the important section for the prisons and this section protect there fundamental rights even as a prisoner by filling writ of habeas corpus. If someone is wrongfully confined someone in the prison then that person is liable for the imprisonment which extend to 2 years , or fine , or imprisonment with fine. This offence is bailable, triable by Magistrate of the first class and it is cognizable.
CASES RELATED TO SECTION 345
In the case of State of Rajasthan vs. Roshan Lal, the accused was charged under Section 345 of the IPC for wrongfully confining a woman in order to extract money from her family. The court held that the accused was guilty of the offense under Section 345 of the IPC and sentenced him to imprisonment for a term of two years.
In the case of K. Madhava Menon vs. State of Travancore-Cochin, the accused was charged under Section 345 of the IPC for wrongfully confining a person in order to extract information from him. The court held that the accused was guilty of the offense under Section 345 of the IPC and sentenced him to imprisonment for a term of one year.
In the case of State of Punjab vs. Balbir Singh, the accused was charged under Section 345 of the IPC for wrongfully confining a person in order to extract a bribe from him. The court held that the accused was guilty of the offense under Section 345 of the IPC and sentenced him to imprisonment for a term of two years.
REFRENCES