IPC Section 239
IPC Section 239: Wrongful Confinement for Ten Days or More
Text (simplified):
“Whoever wrongfully confines a person for ten days or more, shall be punished under this section.”
1. Nature of the Offense
Wrongful confinement means restraining a person’s liberty without legal authority or consent.
Section 239 is a continuation of the general provisions on wrongful confinement but applies when confinement is prolonged, i.e., 10 days or more.
The law recognizes that long-term confinement is more harmful, both physically and mentally.
2. Ingredients of Section 239
To prove an offense under this section, the following elements must exist:
Confinement:
The accused must restrain a person in such a way that they cannot move freely.
This could be locking someone in a room, chaining them, or any other form of restriction.
Wrongfulness:
The act must be without legal justification or the consent of the person confined.
Confinement under lawful authority (like police custody under proper procedure) is not covered.
Duration:
The confinement must be 10 days or more.
If confinement is less than 10 days, other sections like IPC 340 or IPC 341–342 may apply instead.
Intent:
The confinement must be intentional or deliberate.
Accidental or inadvertent confinement does not constitute an offense.
3. Punishment
Section 239 punishes prolonged wrongful confinement more severely than short-term confinement.
The offender can face:
Imprisonment (term may vary based on related provisions),
Fine, or
Both, depending on the case and the court’s discretion.
Longer confinement shows greater violation of personal liberty, so courts treat it as more serious.
4. Relation to Other Sections
IPC Section 340: Wrongful confinement in general. No minimum duration.
IPC Section 341: Punishment for wrongful restraint (lesser restriction, like blocking someone’s movement temporarily).
IPC Section 342: Punishment for wrongful confinement of a person for less than 10 days.
IPC Section 239: Applies specifically when confinement is 10 days or more.
Key point:
Section 239 is the most severe among these because it deals with long-term confinement.
5. Key Points
Confinement must be without consent. If the person agrees, it is not punishable.
Physical harm is not required; the crime lies in the deprivation of liberty.
The longer the confinement, the higher the legal culpability.
It protects human rights and personal liberty, which are fundamental in law.
6. Example
A landlord locks a tenant in a room for 12 days due to a dispute over rent.
This falls under IPC Section 239, as it is wrongful confinement exceeding 10 days.
A parent locks an adult child in a room against their will for 15 days.
Section 239 applies because consent is absent, and confinement exceeds ten days.
RELATED Blog
0 comments