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Under Section 127 of the Bharatiya Nyaya Sanhita, 2023, which of the following is neither an essential…

Under Section 127(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 340 of the Indian Penal Code, 1860), whoever wrongfully restrains any person in such a manner as…

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Under Section 127 of the Bharatiya Nyaya Sanhita, 2023, which of the following is neither an essential ingredient of, nor a recognized mode or circumstance constituting, wrongful confinement?

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Correct answer B

Under Section 127(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 340 of the Indian Penal Code, 1860), whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits commits wrongful confinement. Malice (ill-will or spite) is neither an essential ingredient of the offence nor required to constitute it; so long as the restraint within circumscribing limits is voluntary and without lawful justification, the offence is complete even in the absence of malice. Conversely, total restraint within circumscribing limits is a mandatory requirement of the offence, detention through moral force (creating a reasonable apprehension of immediate force if the victim attempts to leave) is a recognized mode of committing it, and an unlawful detention under a mistaken exercise of legal power is a recognized circumstance that still constitutes wrongful confinement.

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