Describe the concept of False Imprisonment under Law of Torts. Cite case law in support of your answer.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Describe the concept of False Imprisonment under Law of Torts. Cite case law in support of your answer.
Answer & Explanation:
False imprisonment consists in the imposition of a total restraint for some period, however short, upon the liberty of another, without sufficient lawful justification. It means unauthorized restraint on a person's body. What happens in false imprisonment is that a person is confined within certain limits so that he cannot move about and so his personal liberty is infringed. It is a serious violation of a person's right and liberty whether being confined within the four walls or by being prevented from leaving place where he is. If a man is restrained, by a threat of force from leaving his own house or an open field there is false imprisonment. In Sunil Batra v. Delhi Administration AIR 1980 SC 1579 , the Supreme Court while interpreting section 56 of the Prisons Act, 1894, observed that there is an implied duty on the jail superintendent to give reasons for putting bar fetters on a prisoner to avoid invalidity of that provision under Article 21 of the Constitution. Thus the Supreme Court laid the foundation of a sound administrative process requiring the adjudicatory authorities to substantiate their order with reasons.
Topics: Law of Torts
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