Sham is fast asleep in a room and ‘Ram’ closes the main door of the room from outside and opens it before ‘Sham’ wakes up. Whether ‘Ram’ is guilty of falsely imprisoning ‘Sham’, while he is asleep?

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Answer

Ram is guilty of false imprisonment, as there is total deprivation of liberty for Shyam without any lawful justification during the time of his sleep in the room. –

 

False Imprisonment is defined as ‘the total restraint of liberty, for however short a time, without lawful justification’.

 

To constitute the tort of false imprisonment, there need not be actual imprisonment. If the injured person’s liberty to move in all directions is completely deprived, then it is sufficient to constitute the tort of false imprisonment.

 

It was decided in the famous case of Meering Vs Graham White Aviation Company Limited that ‘A person could be imprisoned without his knowing it. A person could be imprisoned even while he is asleep, while he is in a state of drunkenness, while he is unconscious, and while he is a lunatic. It is not necessary that the man detained must know that he was false imprisoned’.

 

Thus, Ram is guilty of false imprisonment.

Last Updated On January 30, 2018
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