False Impressionment :- Meaning | Essentials | Remedies | Cases


False Impressionment :- Meaning | EssentialsRemedies | Cases

False Impressionment :- Meaning | Essentials | Remedies | Cases

Meaning

False Impressionment means imposition of total restraint for some period without lawful justification.

To constitute this wrong Impressionment in the ordinary sense is not required, when a person is deprived of his personal liberty, whether being confined within the four walls or by being prevented from leaving the place where he is, is the false Impressionment.

Essentials of false Impressionment

1 There should be total restraint on the liberty of person.
2 There should be no justification in the law for it.

Remedies of false Impressionment

1 Action for damages.
(means to take action of claiming damages).

2 Self help.
(You can get remidies. if you have done false Impressionment, in private defence).

3 writ of habeas corpus.
(Supreme court issue writs under article 32 of constitution and high court issue writs under article 226 of Indian constitution).

Cases 

Case1
Bird vs Jone
In this case plaintiff was going and passing a constructing buliding their, police stop plantiff and say to go from other side. After that plaintiff sue police for false Impressionment.

Judgement:- Where court doesn't made police liable because it was a partical restraint not total restraint.

Case 2
Bhim singh v. State of j&k.
In this case plaintiff was MLA and he was going to join legislative Assembly meating. Then he was caught by the police and police caught him in a jail and doesn't present him to nearest magistrate within 24 hours then, Bhim singh complaint of police for false Impressionment.
Judgement:- In this case court made state of Jammu and Kashmir liable.and provide plaintiff ₹50000/- 
voilation of legal rights and 
false Impressionment without lawful justification.






Post a Comment

2 Comments