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Essay / False Imprisonment Trial - 1066
IntroductionPersonal trespass means a direct or intentional injury to the body or liberty of a person. Trespass on the person is one of the very few offenses that is still relevant despite the development of the offense of negligence, which covers any unreasonable act causing foreseeable harm to others. Personal injury is based on the principle that any direct attack on an interest protected by a positive act can give rise to prosecution subject to justification. The principle has been further limited by the courts to exclude unintentional or reasonable acts. The researcher intends to focus on the crime of kidnapping in this project. False imprisonment is a wrong at common law and a tort. This phenomenon is also found in criminal law and is dealt with in the Indian Penal Code under the theme of “forcible confinement”. In India, even constitutional remedies are available against wrongful detention. Literature review The crime of wrongful detention consists of restricting a person in a limited area without their consent or justification. This even applies to government detention. The IPC deals with wrongful detention under the theme of “confinement” from section 339 to section 348. Restriction of any property is also considered false imprisonment. The Indian Constitution places immense importance on the rights relating to the personal liberty of an individual. The importance given by the Constitution to the entire spectrum of individual rights is evident. It is in this context that the offense of kidnapping is ideally situated. Article 21, which guarantees the right to life and personal liberty, is a crucial provision. The intent is to protect the lives and liberty of the people against arbitrary acts of the Executive. The impris...... middle of paper ......, knowledge of the imprisonment was judged to have no consequence on the fact of wrongful imprisonment. As stated in the Grainger v. Hill, "if the deprivation of liberty is complete, it amounts to imprisonment and need not be detention in prison", for example, a person prevented from leaving one's house or ship, or the detention of a person in the street. without his consent. In Parankusam v. Stuart, the court held the defendant responsible for false imprisonment, for having sent a false letter to the plaintiff asking him to appear before the magistrate. The offense often comes to the aid of prisoners because it has been ruled that a prison official should not detain a prisoner beyond his or her sentence or place him in the wrong part of the prison or with the wrong class of prisoners. Such an act on the part of the official goes beyond his official authority and would therefore give rise to liability for false imprisonment..