Bharatiya Nyaya Sanhita, 2023

BNS Section 127

Wrongful confinement

In one line

BNS Section 127 deals with wrongful confinement and replaces IPC 340 (now 127(1)), IPC 342 (now 127(2)), IPC 343 (now 127(3)), IPC 344 (now 127(4)), IPC 345 (now 127(5)), IPC 346 (now 127(6)), IPC 347 (now 127(7)), IPC 348 (now 127(8)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
127(2)Wrongfully confining any person.Imprisonment for 1 year, or fine of 5,000 rupees, or both.Cognizable.Bailable.Any Magistrate.
127(3)Wrongfully confining for three or more days.Imprisonment for 3 years, or fine of 10,000 rupees, or both.Cognizable.Bailable.Any Magistrate.
127(4)Wrongfully confining for 10 or more days.Imprisonment for 5 years and fine of 10,000 rupees.Cognizable.Non-bailable.Magistrate of the first class.
127(5)Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation.Imprisonment for 2 years in addition to any term of imprisonment to under any other section and fine.Cognizable.Bailable.Magistrate of the first class.
127(6)Wrongful confinement in secret.Imprisonment for 3 years in addition to other punishment which he is liable to and fine.Cognizable.Bailable.Magistrate of the first class.
127(7)Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc.Imprisonment for 3 years and fine.Cognizable.Bailable.Any Magistrate.
127(8)Wrongful confinement for the purpose of extorting confession or information, or for compelling restoration of property, etc.Imprisonment for 3 years and fine.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 127

127. Wrongful confinement.

(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.

What changed from the IPC

  • IPC 340 → BNS 127(1): IPC section is included as a subsection in BNS.
  • IPC 342 → BNS 127(2): IPC section is included as a sub-section in BNS sans heading.
  • IPC 342 → BNS 127(2): Fine is increased from one thousand to five thousand rupees.
  • IPC 343 → BNS 127(3): The IPC section is included as a sub-section in the BNS sans heading.
  • IPC 343 → BNS 127(3): Imprisonment is increased from two years to three years, and the fine is extended up to ten thousand rupees.
  • IPC 344 → BNS 127(4): The IPC section is included as a sub-section in the BNS sans heading.
  • IPC 344 → BNS 127(4): Imprisonment is increased from three to five years, and a minimum fine of ten thousand rupees is stipulated.
  • IPC 345 → BNS 127(5): IPC section is included as a sub-section in BNS sans heading.
  • IPC 345 → BNS 127(5): Fine is added.
  • IPC 346 → BNS 127(6): IPC section is included as a sub-section in BNS sans heading.
  • IPC 346 → BNS 127(6): Imprisonment is increased from two to three years and fine is added.
  • IPC 347 → BNS 127(7): No Change except that IPC section is included as a sub-section in BNS.
  • IPC 348 → BNS 127(8): IPC section is included as a sub-section in BNS sans heading.
  • IPC 348 → BNS 127(8): No other change.

Frequently asked

What was BNS Section 127 in the IPC?

BNS Section 127 (Wrongful confinement) replaces Sections 340, 342, 343, 344, 345, 346, 347, 348 of the Indian Penal Code, 1860. IPC 340 is now BNS 127(1). IPC 342 is now BNS 127(2). IPC 343 is now BNS 127(3). IPC 344 is now BNS 127(4). IPC 345 is now BNS 127(5). IPC 346 is now BNS 127(6). IPC 347 is now BNS 127(7). IPC 348 is now BNS 127(8).

What is the punishment under BNS 127(2)?

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

What is the punishment under BNS 127(3)?

Wrongfully confining for three or more days – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.

What is the punishment under BNS 127(4)?

Wrongfully confining for 10 or more days – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.

What is the punishment under BNS 127(5)?

Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.

What is the punishment under BNS 127(6)?

Wrongful confinement in secret – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.

What is the punishment under BNS 127(7)?

Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc – punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.

What is the punishment under BNS 127(8)?

Wrongful confinement for the purpose of extorting confession or information, or for compelling restoration of property, etc – punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.

Is BNS 127 bailable?

Bailable: BNS 127(2), 127(3), 127(5), 127(6), 127(7), 127(8). Non-bailable: BNS 127(4). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.

Open the IPC ↔ BNS converter Read BNS 127 on BareLex and search every bare act by keyword Track the case in CaseLinx

Nearby BNS sections

See all 358 BNS sections