Principle: False imprisonment is the total restraint of a person's liberty for some period, however short, without lawful justification. Facts: A shopkeeper, suspecting M of shoplifting, locks her inside the shop for 30 minutes until the police arrive; M had not actually shoplifted. M's BEST claim is
ADamages for negligence only
BDamages only for emotional distress, not detention
CNo claim because she was suspected
DDamages for false imprisonment — there was total restraint without lawful justification (mere suspicion of shoplifting does not authorise private detention)
Answer & Solution
Correct answer: D. Damages for false imprisonment — there was total restraint without lawful justification (mere suspicion of shoplifting does not authorise private detention)
False imprisonment requires (i) total restraint of liberty (ii) without lawful justification. Suspicion alone does not authorise detention by a private person; only specified circumstances (e.g., citizen's arrest for a cognizable offence committed in view under s43 CrPC) qualify.
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