Distinction between wrongful restraint and wrongful confinement

Distinction between wrongful restraint and wrongful confinement are as follows:

Wrongful Restraint:

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1. In wrongful restraint, a person is restrained from proceeding in some particular direction, though free to proceed elsewhere.

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2. Wrongful restraint is genus

3. Wrongful restraint is an offence, which prevents a person from proceeding in a direction in which that person has a right to proceed.

4. In wrongful restraint, there is only a partial suspension of one’s liberty.

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5. Wrongful restraint is not a very serious offence and is punishable with lesser punishment

6. Punishment for wrongful restraint is imprisonment to one month or fine of Rs. 500/- or with both.

Wrongful Confinement:

1. In wrongful confinement, a person is restrained from proceeding in an direction beyond a certain area.

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2. Wrongful confinement is a species of wrongful restraint.

3. Wrongful confinement is an offence, which keeps a person within certain circumscribing limits. The person wrongfully confined cannot go out of circumscribing limits, even if he wishes to go.

4. In Wrongful confinement, the restraint is total or absolute.

5. Wrongful confinement is a more serious offence and is punishable with severe punishment than in wrongful restraint.

6. Punishment for wrongful confine­ment is imprisonment to one year or fine of Rs. 1000/- or with both.

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