BBanaka

BNS Section 126: Wrongful restraint

Bharatiya Nyaya Sanhita, 2023 · Chapter 6: Of Offences Affecting the Human Body - Of offences affecting life - Of hurt - Of wrongful restraint and wrongful confinement - Of criminal force and assault - Of kidnapping, abduction, slavery and forced labour

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126. (1) Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

Illustration.
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

(2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.

Study: explanations and related material

Replaces IPC 339, IPC 341. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

126(2)Wrongfully restraining any person.

Punishment
Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 166. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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