Essay On False Imprisonment

ANALYSING THE CONSTITUENTS OF FALSE IMPRISONMENT False Imprisonment- False imprisonment is a civil wrong and is one of the intentional torts. When literal meaning is given to the words ‘False’ means- unlawful or erroneous; ‘Imprisonment’ means- restraining someone without their consent, with an intention to cause some physical or legal injury to the other person. False Imprisonment is not a new concept under tortious activities, the cases of false imprisonment can be traced back when the concept of ruling humans by humans began. In simple words, the concept of ‘False Imprisonment’ can be defined as, any act by the defendant where, the defendant restraints the freedom of movement of the plaintiff in any manner without any lawful justification or authority amounts to false imprisonment. In some cases of False Imprisonment may be of both civil and criminal nature. The elements of False Imprisonment are- 1. There should be willful detention- The concept of False Imprisonment, in the first place starts with the detention of the plaintiff by the defendant. This detention may be ‘actual’ i.e., physical. In physical detention the plaintiff may be restricted to freedom of movement, this may be done by locking the person in a room or restricting him from entering into any particular area. Detention or Total Restraint under criminal

However, the period of confinement is predominantly considered when the aggrieved party needs to be compensated or when relevant damages have to be paid to the aggrieved party. For instance, if a person is imprisoned for a period of 30mins, considerable compensation is paid. Similarly, if a person is falsely imprisoned for a few days, the compensation will be awarded considering the degree and nature of imprisonment. Moreover, the history of the aggrieved party and the defendant also needs to be considered, so that justice can be made to either of the