False imprisonment
Illegal restraint of a person in a bounded area without justification or consent / From Wikipedia, the free encyclopedia
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"Wrongful imprisonment" redirects here. For wrongful punishments carried out by a judicial system, see Miscarriage of justice.
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission.[1] Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus.[2]
The examples and perspective in this article deal primarily with the United States and the United Kingdom and do not represent a worldwide view of the subject. (April 2021) |
Under common law, false imprisonment is both a crime and a tort.