IPC Section 341
🔍 Text of IPC Section 341
“Whoever wrongfully restrains any person shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.”
🔎 Key Components Explained
1. Whoever wrongfully restrains any person...
"Wrongful restraint" means intentionally preventing someone from moving in any direction in which they have a right to move.
It does not mean just any restriction, but one that is illegal or without lawful authority.
2. What constitutes restraint?
Restraint means hindering or stopping someone’s movement.
Example: Blocking someone's path, grabbing their arm to stop them from walking away, locking a door to prevent exit.
3. "Wrongfully"
The restraint must be unlawful.
If a person restrains another with legal authority (like a police officer detaining a suspect), it is not wrongful.
If done without lawful justification, it's wrongful restraint.
🧑⚖️ Punishment under Section 341 IPC
Imprisonment: Up to 1 month
Fine: Up to ₹500
Or both
⚖️ Nature of Offense
| Feature | Description |
|---|---|
| Type of Offense | Criminal offense |
| Cognizable/Non-cognizable | Usually non-cognizable (police need magistrate's permission to arrest) |
| Bailable/Non-bailable | Bailable |
| Triable by | Magistrate of the first class |
🛑 Distinction between Wrongful Restraint and Wrongful Confinement
Wrongful Restraint (Section 341): Preventing a person from moving in any direction in which they have a right to move.
Wrongful Confinement (Section 342): Wrongfully restraining someone in such a manner that they cannot move at all, i.e., confining them to a certain space.
🧑💼 Examples
Stopping someone from leaving a room without lawful authority.
Standing in front of a person’s path and refusing to let them go forward.
Physically holding someone back from walking away.
📌 Summary
| Section | Offense | Key Element | Punishment |
|---|---|---|---|
| 341 | Wrongful Restraint | Wrongfully preventing movement | Up to 1 month imprisonment or fine or both |
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