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Sreenidhi A (Student)     26 January 2021

Detention

If someone I know holds me back from attending a public event for a few hours to prevent me from performing on the stage, will it constitute the wrong of unlawful detention? Can I claim exemplary damages from them?


Learning

 1 Replies

Kevin Moses Paul   28 January 2021

Generally, arrest or detention in it's ordinary sense, means the apprehension or restraint or the deprivation of one's personal liberty. Ironically, the Criminal Procedure Code or CrPc 1973, has not defined the term Arrest.

However, according to the law Every deprivation of liberty or physical restraint is not arrest.Thus it concludes that Every Arrest is a Custody but not all Custody amounts to an Arrest.

When one person is unlawfully detained and held by another, it may amount to false imprisonment (also called wrongful imprisonment), which can form the basis of a civil suit.
In a nutshell, false imprisonment is when someone is detained unlawfully as well as unwillingly by another person leading to the given scenarios -
1.) intend to detain the plaintiff (i.e.You in this case), and
2.) do so without lawful authority.

False arrest is a form of false imprisonment, but it has certain unique elements.

For a person to be unwillingly detained, he or she must have been confined to a particular area and not permitted to leave. The area can be as small as a chair or as large as a state or other geographic area.

However, a detention does not typically occur when someone is prevented from entering a particular area.

The detention must involve either actual force or the threat of the use of force.
So before entering into a Civil Suit regarding unlawful detention you may ensure that detention tool place because the person used some force or by any means have given you threat to use such force.

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