BNS Section 127: Wrongful confinement

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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127. (1) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.

Illustrations.
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

(2) Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.

(4) Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees.

(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine.

(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.

(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Study: explanations and related material

Replaces IPC 340, IPC 342, IPC 343, IPC 344, IPC 345, IPC 346, IPC 347, IPC 348. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

127(2)Wrongfully confining any person.

Punishment
Imprisonment for 1 year, or fine of 5,000 rupees, or both.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

127(3)Wrongfully confining for three or more days.

Punishment
Imprisonment for 3 years, or fine of 10,000 rupees, or both.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

127(4)Wrongfully confining for 10 or more days.

Punishment
Imprisonment for 5 years and fine of 10,000 rupees.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Magistrate of the first class

127(5)Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation.

Punishment
Imprisonment for 2 years in addition to any term of imprisonment to under any other section and fine.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

127(6)Wrongful confinement in secret.

Punishment
Imprisonment for 3 years in addition to other punishment which he is liable to and fine.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

127(7)Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc.

Punishment
Imprisonment for 3 years and fine.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

127(8)Wrongful confinement for the purpose of extorting confession or information, or for compelling restoration of property, etc.

Punishment
Imprisonment for 3 years and fine.
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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