Wrongful Restraint vs Wrongful Confinement
- s.339 — Wrongful restraint: Voluntarily obstructing a person so as to prevent him from proceeding in a direction he has a right to proceed — the person is said to wrongfully "restrain" the other.
- Punishment (s.341): Imprisonment up to 1 month, or fine, or both.
- s.343 — Wrongful confinement: Wrongfully confining a person for three or more days — imprisonment of either description up to 2 years, or fine, or both.
- s.343/344: Provide punishment for wrongful confinement for varying durations.
- Illustration: Locking someone within a walled space so he cannot proceed beyond it = wrongful confinement.
- Even a good-faith mistaken belief that one has a right to obstruct a path does not excuse the act — it is still wrongful restraint.