False Imprisonment in Torts
False Imprisonment has been defined as 'the total restraint of liberty,for however short a time,without lawful justification'.
The restraint may either be by physically applying force or by mere showing of authority.The place of imprisonment,there should be boundary in all cases of False imprisonment.The boundary mey be large or narrow,visible or invisible,movable or fixed.
The essentials of False Imprisonment are two kinds:
1. Complete deprivation of Liberty and
2. Unlawful Detention.
1. Complete deprivation of Liberty :
To constitute the tort of false imprisonment,there need not be actual imprisonment.If the injured person's liberty to move in all directions is completely deprived,then it is sufficient to constitute the tort of false imprisonment.There need not be actual physical force to deprive the liberty completely.
2. Unlawful Detention :
If the detention is lawful,then there is no false imprisonment.So the detention must be by an unlawful order.
There are three remedies for a person subjected to False imprisonment.
They are :-
1. Action for Damages
2. self Help and
3. Habeas Corpus.
1. Action for Damages :
The plantiff is entitled to recover general damages for the imprisonment and by way of special damages,compensation for any expenses incurred to regain freedom and the humiliation suffered.
2. Self Help :
If a person is unlawfully imprisoned he need not wait till he is released by legal action.He can use reasonable force to escape.
3. Habeas Corpus ;
I case of False imprisonment, a person can get a remedy by way oa an application for a writ of Habeas Corpus for ending the imprisonment.The writ may be issued either by the Supreme Court or High Court.
So,this a False imprisonment.I think it is Useful article to Law field.
Like it on Facebook, +1 on Google, Tweet it or share this article on other bookmarking websites.