Bharatiya Nyaya Sanhita, 2023

BNS Section 126

Wrongful restraint

In one line

BNS Section 126 deals with wrongful restraint and replaces IPC 339 (now 126(1)), IPC 341 (now 126(2)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
126(2)Wrongfully restraining any person.Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.Cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 126

126. Wrongful restraint.

(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.

What changed from the IPC

  • IPC 339 → BNS 126(1): IPC section is included as a subsection in BNS.
  • IPC 341 → BNS 126(2): IPC section is included as a sub-section in BNS, sans heading.
  • IPC 341 → BNS 126(2): Fine is increased from five hundred rupees to five thousand rupees.

Frequently asked

What was BNS Section 126 in the IPC?

BNS Section 126 (Wrongful restraint) replaces Sections 339, 341 of the Indian Penal Code, 1860. IPC 339 is now BNS 126(1). IPC 341 is now BNS 126(2).

What is the punishment under BNS 126(2)?

Wrongfully restraining any person – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.

Is BNS 126 bailable?

Bailable: BNS 126(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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