A places men with firearms at the outlets of a building and tells B that they will fire at B if B attempts to leave the building. What is the offence committed by A as against B

All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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28.

A places men with firearms at the outlets of a building and tells B that they will fire at B if B attempts to leave the building. What is the offence committed by A as against B

A: Wrongful restraint

B: Wrongful confinement

C: Refusal to leave the place

D: None of the above

The answer is: B

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Explanation

The correct option is B: Wrongful confinement.

This is because A has placed men with firearms at the outlets of a building and threatened to fire at B if B attempts to leave the building. This amounts to intentionally restricting the liberty of B without any legal justification. According to Section 340 of the Indian Penal Code, 1860, this is the definition and offence of wrongful confinement.

The other options are incorrect because they do not match with the legal definition and effect of wrongful confinement. Option A is wrong because wrongful restraint is a lesser offence than wrongful confinement. It means preventing a person from proceeding in any direction in which that person has a right to proceed, but it does not involve circumscribing the limits of that person's movement. According to Section 339 of the Indian Penal Code, 1860, this is the definition and offence of wrongful restraint. Option C is wrong because refusal to leave the place is not an offence by itself, unless it amounts to trespass or nuisance or some other offence. Option D is wrong because it does not offer any alternative answer.