Sham is sound asleep in a room when Ram closes and subsequently opens the main door of the room from outside before Sham wakes up. Is Ram guilty of falsely imprisoning Sham while he is asleep?
TheSayeed Answered question March 15, 2024
Facts of the Case:
- Sham is asleep in a room.
- Ram closes the main door of the room from outside.
- Before Sham awakens, Ram opens the door again.
Issue in the Case:
- Whether Ram’s actions amount to falsely imprisoning Sham while he is asleep.
Principle:
- False imprisonment occurs when there is total deprivation of an individual’s liberty without lawful justification.
Judgment:
- Ram is guilty of false imprisonment.
- Despite Sham being asleep, Ram’s act of closing and subsequently opening the main door effectively restricts Sham’s freedom of movement within the room.
- False imprisonment does not require the victim to be aware of the confinement at the time it occurs.
- Even though Sham is asleep during the confinement, Ram’s actions constitute an unlawful restraint on Sham’s liberty.
- Therefore, Ram is liable for falsely imprisoning Sham, as there is a complete deprivation of Sham’s freedom of movement without lawful justification.
In conclusion, Ram’s act of closing and opening the main door while Sham is asleep constitutes false imprisonment, as it unlawfully restricts Sham’s liberty within the room
TheSayeed Answered question March 15, 2024