False imprisonment
- What is trespass to a person and what are its kinds. Discuss in detail false imprisonment as the one.
- Define trespass to a person and enumerate its various types. In particular, delve into the intricacies of false imprisonment as one of its manifestations.
- Could you elaborate on the concept of trespass to a person and its different classifications? Specifically, I'm interested in an in-depth analysis of false imprisonment.
- What constitutes trespass to a person, and what are the different categories it falls under? Explore the nuances of false imprisonment extensively.
- Please elucidate the meaning of trespass to a person and provide an exhaustive account of its kinds. Focus on false imprisonment and its implications.
- Discuss trespass to a person and its various forms, with a comprehensive examination of false imprisonment as a prominent aspect. Provide a detailed analysis to help understand its legal implications.
Introduction
False imprisonment is the unlawful restraining of freedom of a person. It is a tort as well as a crime. The object of this tort is to provide protection to a person against attack upon his liberty which is legally recognized by the state as a fundamental right. False imprisonment is an intentional tort. A tort is a wrongful act which can harm an injured person physically , psychologically or it may harm property of the injured person. In false imprisonment the burden of proof lies on the wrongdoer to prove the existence of reasonable cause
Meaning of imprisonment
Keeping someone in jail and total restraint of his liberty as lawful punishment however short a time
Definition of false imprisonment
Unlawful restraining of freedom of a person without legal prove and against his will ,is called False imprisonment
Kinds of imprisonment
Kinds of imprisonment are us under
Actual imprisonment
Governments provides that certain crimes are against the law, they set a maximum punishments against certain crimes, and when a criminal is sent to jail and deprived of his liberty under these rules, is called actual imprisonment
Constructive imprisonment
It is also called beneficial imprisonment. It occurs when any person is under any threat of violence from other person, so in this situation keeping a person in a particular place in order to keep him safe is called constructive imprisonment
Essential elements of false imprisonment
Following are the essential elements of the false imprisonment
Restraint of liberty
The first element of the false imprisonment is restraint of liberty. Keep a person in jail and his liberties should be restraint
Unlawful restraint
Second element of false imprisonment is unlawful restraint. The person should be unlawfully restrained in a jail without proving legal evidences is called unlawful restraint
Definition of trespass to person
Trespass to a person means an intentional unlawful interference with a person's liberty and such trespass which in itself a breach
Kinds of trespass to person
Following are the kinds of trespass to person
Assault , if a person is being attacked by other person is called assault and this is a trespass to person
Battery, intentional unpermitted act which may harm to other person is called battery and this is trespass to person
False imprisonment , if a person who is falsely imprisoned by other person is called false imprisonment and this is trespass to person
Wounding , if a person who is bodily harmed by other person is called wounding and this is a trespass to person
Mayhem , if a person is bodily injury which result the removal of fighting ability by other is called mayhem and this is a trespass to person
Maiming , if a part of the body is permanently damaged by other person is called maiming and this a trespass to person
General defences of false imprisonment
False imprisonment can be defended by any of following general defences
Partial restraint
There is no defence for false imprisonment. If a person has been partially restrained. He cannot take legal action for false imprisonment against the defendant. Because for this plaintiff will have to prove before the court of law that defendant had put the complete restraint upon his liberty
Consent to confinement
There is no defence for false imprisonment. If a person willingly gives his consent to the confinement. The plaintiff cannot take legal action for false imprisonment against defendant
Lawful authority
There is no defence for false imprisonment if the defendant who arrests a person under the directions of a superior officer. He will not be held responsible for his act which he acted on the behalf of his officer against plaintiff
Lawful imprisonment
There is no defence for false imprisonment. If a person was confined for lawful cause. The plaintiff cannot take legal action against the defendant. The burden of proof falls on the defendant in this case
Remedies for false imprisonment
Following are the remedies for false imprisonment. Details are as under
Writ of habeas corpus
It is a form of legal remedy. Under this writ the person who has been falsely imprisoned can take legal action and can claim for damages of mental disgrace and liberty.
This writ lies down that the Court will decide whether the imprisonment is unlawful or not. If the arrest made is found unlawful and the defendant will be made liable for false imprisonment.
Action for damages
Action for damages is also a remedy for a person who has unlawfully confined, after his release from false imprisonment can take legal action for damages under the law of tort against the person who have false imprisoned him
Search warrant
Search warrant is also a remedy for a person who has been falsely imprisoned. Search warrant is a document that authorises police officer to search an actual person so that false imprisoned may be released from confinement
Self help
Self-help is also a remedy for a person.By using reasonable force, the person who is under arrest can make attempts to free himself. This is a type of extra-judicial remedy that can be brought into use without approaching the Court of law. The use of unreasonable violence in the name of self-help shall not be accepted
Conclusion
False imprisonment is one of the important kinds of trespass to a person. The tort of false imprisonment is actionable under the law of tort. It is the responsibility of the plaintiff to prove his unlawful restraint in order to get compensation from the defendant by using this he can recover his damages or compensation from the defendant. For compensation there are a lot of remedies for the person who has been falsely imprisoned such as action of damages, writ of habeas corpus, search warrant and self-help are the remedies for damages against the defendant