Indian Penal Code, 1860
Section 339
repealedWrongful restraint
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
Why this exists
Personal freedom of movement is a basic value the law protects. This section defines the offence so that the following section can prescribe its punishment; it deliberately covers even brief or partial blocking of someone's path, not just full confinement.
How courts read it
Courts have clarified that wrongful restraint requires obstruction of movement in a particular direction the person has a right to go, and that the person must have some other reasonable way to proceed for it to be mere restraint rather than confinement, which is total.
Common misconceptions
- Myth: Restraint means being completely trapped with no way out.
Fact: Wrongful restraint only requires blocking one direction the person has a right to go; if they can still go another way, it is restraint, not full confinement.