BNS Section 135 – Assault or criminal force in attempt wrongfully to confine a person

IPC Section – 357

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

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that 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.

Assault or Use of Criminal Force in Attempt to Wrongfully Confine a Person

1. What is the Offence?

This law addresses situations where a person uses assault or criminal force in an attempt to wrongfully confine another person.

• Wrongful confinement involves unlawfully restricting someone’s freedom of movement, effectively imprisoning them without legal justification.

2. Key Elements of the Offence

• Assault:
  Any action where a person intentionally creates a situation where another person feels threatened by imminent harm. This includes gestures or actions that instill fear of violence.
• Criminal Force:
  Physical action with the intention of causing harm, intimidation, or wrongful confinement. It is distinct from mere physical force as it involves the intent to commit a crime.
• Wrongful Confinement:
  The act of unlawfully restricting someone’s freedom of movement, such as locking them in a room or preventing them from leaving a place.

3. Punishment

• Imprisonment: Up to 1 year, or
• Fine: Up to ₹5,000, or
• Both imprisonment and fine.

4. 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. Purpose of the Law

• The law aims to protect individuals from unlawful confinement and the use of force or assault to restrict their freedom of movement.
• It emphasizes the seriousness of actions that violate personal liberty and autonomy.

Summary of the Offence