Bharatiya Nyaya Sanhita 2023
Of wrongful restraint and wrongful confinement
Section 126 :
Wrongful restraint :
(See section 339, 341 of IPC 1860)
Section : 126(2)
Classification of Offence:
Offence : Wrongfully restraining any person.
Punishment : Simple imprisonment for 1 month, or fine of 5000 rupees, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person restrained or confined.
By Which Court Triable : Any Magistrate.
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(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.
Indian Penal Code 1860 (IPC 1860)
Of Wrongful Restraint and Wrongful Confinement :
Section 339 :
Wrongful restraint:
(See section 126 of BNS 2023)
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.
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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.
Section 341 :
Punishment for wrongful restraint:
(See section 126(2) of BNS 2023)
Classification of Offence:
Offence: Wrongfully restraining any person.
Punishment :Simple imprisonment for 1 month, or fine of 500 rupees, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : The person restrained or confined.
By Which Court Triable : Any Magistrate.
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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 hundred rupees, or with both.