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1 Legal Lock J. 41 (2021-2022)
An Analysis of False Imprisonment and Right to Liberty: Judicial Interpretation

handle is hein.journals/lgllckjnl1 and id is 135 raw text is: LEGAL LOCK JOURNAL AN ANALYSIS OF FALSE IMPRISONMENT AND RIGHT TO LIBERTY: JUDICIAL INTERPRETATION Aditi Agarwall ABSTRACT False imprisonment is defined as the act of detaining a person against his or her will in a bounded area for no reason. False incarceration is defined as the detention of a person without his or her agreement or without legal authority. False confinement, for example, occurs when someone unfairly blocks someone from exiting a room or vehicle when that person wishes to leave. False arrest is one of various methods used to commit false incarceration. False arrest refers to when a peace officer or someone who pretends to have the authority to conduct an arrest commits false incarceration. As a result, a tort case for wrongful imprisonment based on false arrest brought against someone who isn't a peace officer suggests that the detention or restraint used to support the tort was carried out by someone who claims the authority to arrest. False arrest, on the other hand, is nearly indistinguishable from false imprisonment. The only difference between them is how they appear. Fake imprisonment can be committed in a variety of ways, including false arrest. False incarceration, on the other hand, is performed without any intention of trying arrest. This article will look at the core law that applies to false incarceration, as well as possible defences. It's worth noting that the claim of false detention can lead to both civil (tort) and criminal prosecution. INTRODUCTION A false imprisonment of one is the complete deprivation of his liberty for any time, however short, without lawful cause. Imprisonment is no other thing but the restraint of a man's liberty, whether it be in the open field or in the stocks or in the cage, in the streets, in a man's own house as well as in the common goal and in all the places the party so constrained is said to be a prisoner so long as he hath not his liberty freely to go at all times to all places whither he will without bail or otherwise2. False/wrongful imprisonment occurs when an individual (who lacks the legal right or justification) intentionally restricts another person's freedom. False imprisonment can be prosecuted in both civil and criminal courts when someone intentionally restricts another person's rights. False imprisonment is described by a number of factors: 1 The author is a student at Symbiosis Law School, Hyderabad. 2 Termes de Ta Ley S.V. on imprisonment approved by Duke and Atkin, L.JJ in Meerings v. Grahama White Aviation Co. Ltd., (1919) 122 LT 44. ISSN: 2583-0384 VOL.1 ISSUE 2

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