Difference between wrongful Wrongful re­straint (IPC Sec.339) and Wrongful confinement (IPC Sec. 340)

Difference between wrongful confinement (IPC Sec. 340) and wrongful re­straint (IPC Sec.339)

As regards difference between the two, wrongful confine­ments, in the first place, is a form of wrongful restraint. It is keeping a man-within limits out of which he wishes to go and has a right to go while wrongful restraint is keeping a man out of a place where he wishes to go, and has a right to be.

In the second place, in wrongful confinement a person is restrained from moving beyond a certain area within which he is confined, but in wrongful restraint he is free to move anywhere other than to proceed in a particular direction.

In other words, there is full restraint in the former, but only partial in the latter. And lastly, wrongful confinement is a more serious offence inasmuch as it prescribes punishment with imprisonment, simple, or rigorous, extending to one year, or fine up to Rs. 1,000, or both, while wrongful restraint is

I.P.C. Section 340 Wrongful confinement

Section 340 in The Indian Penal Code, 1860

 

Section 340: Wrongful confinement.-- Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said" wrongfully to confine" that person.

 

Illustration:

1. A causes Z to go within a walled space, and locks Z. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines z.

 

2.A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts leave the building. A wrongfully confines Z. 

 

Wrongful Restraint (Section 339 of IPC)

Legal provisions regarding Wrongful Restraint under section 339 of Indian Penal Code, 1860.

Wrongful Restraint:

According to Section 339 of the Indian Penal Code, Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction, in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception:

The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this Section.

Illustration:

A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

Ingredients of Wrongful Restraint:

The essential ingredients of ‘Wrongful Restraint’ are:

Intercountry Adoption

What is Intercountry Adoption?

Intercountry adoption is the process by which you:

1.            Adopt a child from a country other than your own through permanent legal means; and

2.            Bring that child to your country of residence to live with you permanently.

Intercountry adoption is similar to domestic adoption.  Both consist of the legal transfer of parental rights and responsibilities from a child’s birth parent(s) or other guardian to a new parent or parents.

Intercountry adoptions are different from domestic adoptions because of the laws that make it possible to bring the child to live where you live.  Generally speaking, to qualify as an adoption for immigration purposes into the United States, the adopted child must have the same status and relationship to the adoptive parents as a child by birth. What some countries call “adoptions” are

Section 141 in The Indian Penal Code, 1860

          Sec:141 (Unlawful assembly) An assembly of five or more persons is designated an" unlawful assembly", if the common object of the persons composing that assembly is- First.- To overawe by criminal force, or show of criminal force, 10[ the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law, or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offense; or Fourth.- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. 

Difference Between Section 34 and 109 in I.P.C

 Difference Between Section 34 and 109 in I.P.C

Both Offences talk about crime by group of people. Such that if a crime is done by 2 or more people but less than 5 then section 149 is not applicable whereas section 34 is applicable on those offences.

A clear distinction is made out between common intention and common object is that common intention denotes action in concert and necessarily postulates the existence of a pre-arranged plan implying a prior meeting of the minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert. Though there is a substantial difference between the two sections namely 34 and 149, they also to some extent overlap and it is a question to be determined

Section 34 in The Indian Penal Code, 1860

                                       Section 34 in The Indian Penal Code, 1860     

34. Acts done by several persons in furtherance of common intention.- When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Ingredients

(i) When an offence is sought to be proved only on circumstan­tial evidence, the allegations of common intention under section 34 normally cannot be established in absence of meeting of mind, the overt act of the accused, by their conduct, by using the weapons by their utterance of words; Santosh Desai v. State of Goa, (1997) 2 Crimes 666 (Bom).

(ii) In order to bring a case under section 34 it is not neces­sary that there must be a prior conspiracy or pre-meditation, the common

Schools of Hindu LAW

Definition

Hindu means those people who are being following the rules of hindu religion indentify himself to others people as hindu is called hindu.

hindu law: Hindu laws means those statutes rules which prescribed the right and duties of hindu. It’s called hindu law.

SCHOOLS OF HINDU LAW

School means rules and principles of Hindu Law which are divided into opinion. It is not codified. There are two Schools of Hindu Law-

(a) Mitakshara

(b) Dayabhaga

The schools are ordinarily said to be five in number. But there are only two principal schools namely, the mitakshara school and the Dayabhaga school. The Dayabhaga prevails in Bangladesh and in the province of West Bengal in india the Mitakshara prevails in the whole of India (except the province of west Bengal) and in Pakistan.

The Mitakshara is anterior to Dayabhaga and is a running commentary on the Code of Yajnabalkya written by Vijnaneswara.

The Dayabhaga is not a commentary on any particular Code but a digest of all the Codes. It gives first preference to the Code of Manu.

The Mitakshara school is regarded as the orthodox school and the Dayabhaga the reformed one and the two mainly differ on the following matters:-

i)                   The law of inheritance.

ii)                Joint family system.

The Mitakshara is sub-divided into four or five minor schools. These differ between themselves in some matters of detail relating mainly to adoption and inheritance.

  

The schools along with the commentaries, respected as authorities are given below:-

1. Mitakshara School :

(a) Benares School :      

(i) Mitakshara

                                                (ii) Viramitrodaya

Salient Features of the Constitution of India

The main features of Indian Constitution are the following:

(i) A written and lengthy constitution:

The Constitution of India is a written constitution. It was framed by a Constituent Assembly which was established for the purpose in 1946. It has 395 Articles and 12 Schedules. A number of amendments, (about 96) passed since its enforcement in 1950, have also become a part of the Constitution.

The Constitution of India is the lengthiest constitution in the world as no other constitution contains as many articles. The constitution of USA has 7 Articles, of China 138, Japanese 103, and Canadian 107 Articles.

(ii) Sovereign, socialist, secular, democratic, republic:

The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. The words, ‘Socialist’ and ‘secular’ were added in the Preamble of the Constitution by 42nd amendment which was passed in 1976.

Sovereign means absolutely independent; it is not under the control of any other state. Before 1947, India was not sovereign as it was under the Britishers. Now it can frame its policy without any outside interference.

Socialist:

Word ‘Socialist’ was added in the Preamble by 42nd Amendment of the Constitution which was passed in 1976. This implies a system which will endeavour to avoid concentration of wealth in a few hands and will assure its equitable distribution.

It also implies that India is against exploitation in all forms and believes in economic justice to all its citizens.

Secular:

5 year LLB Old Question papers

5 Years LLB Old Question Papers Note:Click on paper to view or download Question paper
Contract-1
January 2007 (Page1)  January 2007 (Page2)	February 2013 (Page1) February 2013 (Page 2)

LLB 3Years 1st SEMESTER S.V.University Old Question Paper

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Contract-1 ( Click here for all question papers )
1.2 Constitutional Law – I (Click here for all question papers )
1.3 Torts and Consumer Protection Laws ( Click here for all question papers )
1.4 Law of Crimes – I (I.P.C) ( Click here for all question papers )
1.5 Family Law- I ( Click here for all question papers )