BNS Section 126 – Wrongful restraint

IPC Section – 339-341

Cognizable offence
punishable with simple imprisonment for one month,
or fine of five thousand rupees, or with both.
Note: Fine increased

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.

Illustrations

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.

Example:
Rakesh prevents Vijay from entering the metro station by blocking the main gate of the street leading up to the metro station. Rakesh has committed the offence of wrongful restraint.

Wrongful Restraint (BNS-126)

1. What is Wrongful Restraint?

Wrongful restraint refers to the intentional prevention of a person’s movement in any direction where they have the legal right to proceed. It involves obstructing someone’s free movement, making them unable to move freely in the desired direction.

2. Key Elements of Wrongful Restraint

• Voluntary Act: The obstruction must be done intentionally, meaning the person restraining must intend to block or prevent the other person from moving.
• Right to Proceed: The person being restrained must have the legal right to move in that direction. If they do not have this right, the restraint is not considered wrongful.
• Direction: The restraint can occur in any direction—forward, backward, or sideways.

3. Examples of Wrongful Restraint

• Blocking a road or doorway to stop someone from passing.
• Physically standing in front of a person to prevent them from moving forward.

4. Punishment for Wrongful Restraint

• Offence: Wrongfully restraining any person.
• Punishment:
  • Simple Imprisonment: Up to 1 month, or
  • Fine: Up to ₹5,000, or
  • Both imprisonment and fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by any Magistrate.

5. Difference Between Wrongful Restraint and Wrongful Confinement

• Wrongful Restraint: Prevents a person from moving in a specific direction where they have the legal right to go.
• Wrongful Confinement: Involves confining a person within specific limits, restricting their movement entirely.

6. Legal Implications

• Wrongful restraint is a minor offence but still violates personal liberty.
• The law protects individuals from unauthorized restrictions on their movement.

Summary of the Offence