Advocates for False imprisonment
Need a Criminal Advocate for legal advice and appear for False Imprisonment in the first place ?. Do you need a Human rights Advocate in Chennai ?. In fact, you must hire the legal expert and best Criminal Lawyers in India.
What is False Imprisonment ?
False Imprisonment is when a person restrains forcibly another against their will without any lawful justification. In other words, it is Intentional restriction from any kind of movement or freedom of a person by someone, without their consent.
False imprisonment falls under both Civil tort and Criminal offence. Section 340 of the Indian Penal Code addresses false imprisonment as “wrongful confinement” in like manner.
Situations that is False Imprisonment
Let us see examples :
- A situation where robbers break into a bank and by force. They take the bank’s customers and employees as hostages.
- Customer detained by business owner on failing to pay bill.
- To lock a person in a room without permission from him / her.
- A person possesses an object of value of another. He uses this place and holds the other in detention at a specific place without his consent by the same token.
- Unjustified forceful detainment of a person.
- A situation where a security guard detains a person
A security guard or store owner found guilty of the above tort if he detains a person for a long period that is beyond reason on the grounds of questioning for supposed theft.
- Medical staff handle medication to a person without the latter’s willful consent.
What Are the Elements of False Imprisonment ?
Essentials :
- Intentional Confinement
- Restraint is total or complete
- Confinement must take place without a lawful justification
- Knowledge of the confined Plaintiff.
Other elements of False Imprisonment are as follows
- Imprisonment by defendant or his authorized agents in the light of fact.
- Place of False Imprisonment
- The period of confinement is irrelevant
- Type of Force like physical force, threats and physical force etc.
A false imprisonment is complete deprivation of freedom for any time, yet short, without any lawful excuse.
Defenses of False Imprisonment
- Consent of the plaintiff – There is no imprisonment if the confined plaintiff agrees to act in agreement with the
request of the defendant. - Contributory Negligence- with this intention to protect one’s person or property is a defense for false imprisonment. But the force used in self defense should not be excessive.
- Parental Authority & Other Authority – A parent is not guilty of an assault if he interference of physical
nature with his child. Interference can be reasonable restraint or chastisement or therapeutic reasons. - Preservation of Public place – Person who disturbs the public worship or public meeting can be removed on
lawful grounds. - Statutory Authority:- If false imprisonment is allowed under any law or statue then it is defense.
- Prevention of Trespass:- In order to prevent trespass you use reasonable and justifiable force. You already warned the defendant in the same way, then it becomes a defense.
- Inevitable Accidents:- Inevitable accidents is in view of something that can’t be avoided or something that wasn’t reasonably foreseen even after due care and caution.
Remedies for False Imprisonment
Damages
Damages are the general remedies to plaintiff on the other hand. Aggravated damages or pecuniary damages are also in some cases based on the facts of case.
Habeas Corpus
It is a petition in writing wanting a person under arrest to bring before a judge or into court. Main reason is to secure the person’s release in the same fashion. One can find the their detention in unless lawful grounds.
Self Help
Self Help is different from self defense. It means helping yourself to get out of the confinement. Though there are provisions for it, If the means of escape is fair. And when the plaintiff tries to escape, he may get injury in the process, he can even claim those damages.
Contact the Best Criminal Advocates for false imprisonment claims in Chennai
Criminal attorneys in our law firm are skillful in handling false imprisonment claims. This includes those which occur as the result of crimes in reality. Above all, Criminal offenses are unique. In fact, They may enter into trouble of litigation in Criminal and Civil court.
Our Experienced personal attorneys know how to take the facts from the criminal case. They apply them to the civil case at the same time. Are you the victim of false imprisonment ?. Do not hesitate to contact the Best Criminal Advocates in Chennai.
