All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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61.

‘A’ places men with firearms at the outlets of a building and tells 'Z'. that they will fire at 'Z, if 'Z' attempts to leave the building. A' is guilty of:

A: wrongful confinement
B: wrongful restraint
C: Both wrongful confinement and wrongful restraint
D: None of these

The answer is: A

Explanation

The correct option is A: wrongful confinement.

This is because ‘A’ has prevented ‘Z’ from proceeding in any direction in which ‘Z’ has a right to proceed, by placing men with firearms at the outlets of the building. This amounts to wrongful confinement as defined in Section 340 of the Indian Penal Code.

Wrongful confinement is a complete restraint of a person’s liberty of movement, whereas wrongful restraint is a partial restraint of a person’s liberty of movement in a particular direction.

Therefore, ‘A’ is not guilty of wrongful restraint, as he has not obstructed ‘Z’ from moving in any specific direction, but has confined ‘Z’ within the building.