CHAPTER – I

INTRODUCTION

This Project deals with the detailed description of False imprisonment and its
Remedies . False Imprisonment is a civil wrong and is one of the Intentional torts. When Literal
meaning is given to the words ‘False’ means – unlawful or erroneous; ‘Imprisonment’ means –
restraining someone without their consent, with an intention to cause some physical or legal
injury to the other person.

RESEARCH METHODOLOGY

This project has required been done with the consultation of various books and
websites that are part of my primary source. The Indian cases on False Imprisonment has been
referred to the official sites of Supreme court of India and Manupatra for Research on cases of
Indian origin.

RESEARCH PLAN

This project has been divided into Five main parts that are as follows :-

1. Introduction :- This section briefly highlisghts the basics of what is False Imprisonment
and who can be held liable for the tort of False Imprisonment
2. False Imprisonment as a Tort :- This part has been included to explain the concepts of
false imprisonment as a tort with the help of various case laws
3. Ingredients of False Imprisonment :- This section focuses on explaining which
elements constitutes the tort of False Imprisonment.
4. Remedies :- This section lists out the remedies for the tort of false imprisonment.
5. Conclusion :- This section summarises the project as a whole and to give the concluding
remarks and opinion about the topic i.e ., “False Imprisonment and its Remedies”.
 CHAPTER 2 - FALSE IMPRISONMENT

False Imprisonment is a restraint of a person in a bounded area without justification or consent.

False Imprisonment is a common-law felony and a tort. It is mentioned under the topic
“wrongful confinement” in the Indian Penal code under section 340. The Indian penal code deals
with other matters related in this regard from section 339 to 348.

It applies to private as we well as governmental detention. When it comes to

public police, the proving of false imprisonment is sufficient to obtain a writ of habeas corpus.
Habeaus corpus is a writ which summons with the force of court order ,it is addressed to the
custodian and demands that a prisoner be made in presence in before the court and the custodian
present proof of authority, allowing the court to determine whether the custodian has lawful
authority to detain the prisoner. If the custodian is acting beyond his or her authority , then the
prisoner must be released.

It may also be defined as an act of the defendant which causes unlawful confinement to the
plaintiff. For imprisonment it is not necessary that the person should be put behind bars , but he
should be confined in such an ares from where there are no possible ways of escape except the
will of the person who is confining the person within that area.
. It is not the degree of the imprisonment that matters but it is the absence of lawful
authority to justify unlawful confinement which is of relevance.
………………………………………………………………………………………………………

Sec 339 :- Wrongful Restraint

Sec 340 :- Wrongful confinement
Sec 341 :- Punishment for Wrongful restraint
Sec 342 :- Punishment for wrongful confinement
Sec 343 :- Wrongful confinement for three or more days
Sec 344 :- Wrongful confinement for ten or more days
Sec 345 :- Wrongful confinement of person for whose liberation writ has been issued
Sec 346 :- Wrongful confinement in secret