Wrongful Restraint

Singaporeans have the right of liberty and should not be unlawfully restrained or confined. Their access to any road or direction should not be limited if they have the right to proceed. This is not to be confused with Wilful Trespass on property under Section 21 of Miscellaneous Offences (Public Order and Nuisance Act), where the offender do not have the right to proceed. Any person who have been unlawfully restrained or confined can seek redress under Section 339 and 340 of the Penal Code: 

The definition of Wrongful Restraint is defined under Section 339 of the Penal Code:

339

“Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.”

However, a person who acted in good faith, believing to have a right to obstruct, denies access of proceeding to a person, will not be an offence within the meaning of this section. It has to be done unlawfully like the title suggest, without the right to obstruct.

Illustration:

James, not believing in good faith that he has a right to restrict entry, obstructs John’s access to enter the gates of the park, has therefore committed wrongful restraint

Persons in contravention of the Wrong Restraint will be punishable under Section 341 of the Penal Code:

341

“Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both.”

The definition of Wrongful Confinement is defined under Section 340 of the Penal Code:

340

“Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.”

It is unlawful to enclose a person in a confined space with no means of exit. Denying such freedom of movement to anyone without lawful authority is a chargeable offence under Section 340 of the Penal Code and punishable under Section 342:

342

“Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both.”

Should you have any questions or need legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg