Understanding Wrongful Restraint and Confinement Under BNS 2023

Situations where an individual wrongfully restrains another in a manner that prevents them from proceeding beyond certain circumscribed limits, effectively confining them

The Bharatiya Nyaya Sanhita (BNS) 2023, India’s comprehensive criminal code, addresses offenses related to personal liberty under Sections 126 and 127 (Wrongful Restraint and Confinement). These sections define and penalize wrongful restraint and wrongful confinement, respectively, ensuring the protection of individual freedom.

Section 126: Wrongful Restraint

This section pertains to the act of voluntarily obstructing someone to prevent them from proceeding in a direction they have the right to go. Such obstruction is termed as “wrongful restraint.” The punishment for this offense includes simple imprisonment for up to one month, a fine extending to five thousand rupees, or both.

Illustration: If person A blocks person B from entering a public place without any lawful justification, A commits wrongful restraint.

Section 127: Wrongful Confinement

This section deals with situations where an individual wrongfully restrains another in a manner that prevents them from proceeding beyond certain circumscribed limits, effectively confining them. The punishment for wrongful confinement can extend to imprisonment of either description for up to one year, a fine, or both.

Illustration: If person A locks person B in a room, preventing B from leaving, A is guilty of wrongful confinement.

These provisions underscore the importance of personal liberty in Indian law and provide mechanisms to deter and penalize unauthorized restrictions on an individual’s freedom of movement