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Shyla (Student)     20 October 2008

False Imprisonment

HI Guyzzzz!!!!!!!!!!!!

 

Hope alls well??!!!! Wel im bak!

Wid a question ofcourse!!!!!!!!!

N it is-

Wat is False Imprisonment????

With Regards,

Shyla.



Learning

 5 Replies

manu (advocate)     20 October 2008

dear shyla,


false imprisonment is a tresspass committed against another person by arresting and imprisoning him without just cause, contrary to law.  or


where a man is unlawfully detained without legal process.


to constitute false imprisonment two things are necessary, 1. detention of person 2. detention should be unlawful.


this offence deserves punishment under law.


usually writ of habeas corpus is invoked to overcome this problem.

prof s c pratihar (medical practitioner &legal studies)     20 October 2008

malicious---consists of of an abuse of legal process.maliciously and without reasonable and probable causeresulting in depriving another of his liberty.in an action for damages for such prosecution the plaintiff must prove the negative.(dear shyla , last three days i was very busy with east zone conference of urological society of india, total 160 delegates, 300 paper presentation, operative session , robotic surgery done by dr dasgupta london shown by satalite, hall costs 175000rs per day ,to days simple lunch 550 per plate.yesterday night dinner at flotel hotel over ganges.sabhumi, and flotel hotel you will see at calcutta.,who knows in future we may havesuch conference.but who will sponsor?be wel dr."

N.K.Assumi (Advocate)     20 October 2008

Dear Shyla, You can also move for malicious prosecution for false imprisonment.

Ajay kumar singh (Advocate)     21 October 2008

I think it is illegal/unlawful detention caused by misusing one's powers.

Shree. ( Advocate.)     21 October 2008

Dear Shyla,


 Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.




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