Commentaries on the Indian penal code (Act XLV of 1860)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 Excerpt: ...that the captain of a whip had, from tho necessity of tho caso, considerable powers extending in tho case of disobedient mariners to the infliction of 0017)010! punishment. That his powers a fortiori extended in case of necessity to what would, but for those powers, be wrongful restraint. IIo must, however, bo restricted by tho necessity of the occasion, and for determining upon that necessity, tho condition of the ship, in which a wholo watch had refused to work, was very material matter for their consideration, but that an act of restraint or confinement, legal in its inception, would becomo wrongful if the modo used was improper, or the continuance longer than tho need demanded. The question of the necessity was not to be too nicely wcighod, according to the calm judgment which men in cool blood would form after the event, but by a consideration of the occurrences, as they would appear to a reasonable man placed in the situation of the captain. 341. Whoever wrongfully restrains any person Punishment shall be punished with simple impri for wrongful res-sonment for a term which may extend tiam1' to one month, or with fine which may extend to five hundred Rupees, or with both. See note to s. 277, ante. 342. Whoever wrongfully confines any person Punishment for shall be punished with imprisonment wrongful confine-of either description for a term which may extend to one year, or with fine which may extend to one thousand Rupees, or with both. 343. Whoever wrongfully confines any person Wrongful con-fr three days or more shall be pun finement for three ished with imprisonment of either or more days. description for a term which may extend to two years, and shall also be liable to fine. 344. Whoever wrongfully confines any person Wrongful con-or en days or nior...