Understanding Wrongful Restraint and Obstruction in Legal Context
Explore the legal provisions of wrongful restraint and obstruction under section 339, covering aspects such as voluntary obstruction, physical force, wrongful restraint, and rights of co-sharers in joint family property. Learn how the law applies to individuals of varying physical abilities and case law interpretations.
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Presentation Transcript
Section 339 Wrongful restraint [ student must note the bare provision of the above section]
Ingredient-[1] voluntary obstruction of a person [2] the obstruction must be such as so to prevent from proceeding in any direction in which he has right to proceed. According to the explanation goes the obstruction of a private way over land or water, which a person in good faith believes himself to have a lawful obstruct , is not an offence
Obstruction-means physical obstruction, though it may be caused by use of physical force as well as by the use of threat. Voluntary action required for this section. Wrongful restraint means keeping a man out of place where he wishes to, and has aright to be. in this type of restraint partial restraint of a person against his will. It is important here that there should be reasonable apprehension of force rather than its actual use.
Rights of co sharer in a joint family property is a civil right, such a right if denied by the other co sharer for one reason or other, must be enforced by taking recourse to far enforcing such a civil right and criminal proceedings under section339 are not maintainble. Person-means- a human being Whether a child of tender age who can not walk by his own leg could also be subject of this section
In case of mahendra nath chakrawarti Vs.Em- peror it was held that the section is not confined to only such person who can walk on his own legs or can move by physical means within his own power.
