Question

Answer the question which follows form the application of the under mentioned legal principle.

Principle: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.

A was suspected of having committed the murder of B. C, a policeman who was investigating into B's murder saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.

विकल्प

• C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a Magistrate

• C is not liable for having falsely imprisoned A, since, for the offense of murder, a policeman need not take the permission of a Magistrate to arrest

• C is not liable for having falsely imprisoned A since the restraint was not total

• C is not liable for having falsely imprisoned A since he did not take him to a prison

Answer 1

C is not liable for having falsely imprisoned A, since, for the offense of murder, a policeman need not take the permission of a Magistrate to arrest

Explanation:

Following the principle, it is clear that A's Movement was not completely stopped or restrained. Therefore it is evident that B and his group didn't totally restrain the liberty of A. According to the principle "B and his group are not liable for falsely imprisoning A, since they did not totally restrain the liberty of A." is the correct answer.