Law of Crimes – Wrongful Restraint & Wrongful Confinement

Wrongful restraint means voluntarily obstructingany person so as to prevent him from proceeding in any direction in which hehas a right to proceed.

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Illustration

A obstructs a path along which Z has a right to pass. Z is thereby prevented from passing. A wrongfully restrains Z.

Wrongful confinement meanswrongfully restrainingany person in such a manner as to prevent himfrom proceedings beyond certain circumscribing limits.

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Illustrations

  1. 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.

  2. A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts leave the building. A wrongfully confines Z.

Thus, restraint is in respect of a particular direction, while confinement is within certain boundaries or in respect of all directions.

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