Question

LEGAL PRINCIPLE: False imprisonment is a tort (wrong) which means the total restraint of a person's liberty without lawful justification.

FACTUAL SITUATION: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policeman refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.

DECIDE.

• A. It was a case of false imprisonment, but 'D' could not be made liable for it.
• B. 'D' could not be made liable for false imprisonment as he did not totally restrict 'P's movements.
• C. 'D' could be liable for false imprisonment, as he did restrict 'P's movements.
• D. 'D 'could not be made liable for false imprisonment as he has not touched him.

Answer 1

Answer: (B)

'D' could not be made liable for false imprisonment as he did not totally restrict 'P's movements.

To constitute false imprisonment, certain factors such as probable cause for imprisonment, knowledge of the plaintiff for the imprisonment , intention of the defendant while causing imprisonment and period of the confinement matters. For imprisonment, it is necessary that the person should be confined in such an area from where there are no possible ways of escape except the will of the person who is confining the person within that area. In the above case, all the elements were not satisfied to constitute the offence of false imprisonment.