These offences protect personal liberty of movement. They occupy the space between mere inconvenience (no offence) and kidnapping (a graver offence involving taking the person away). The BNS consolidates the IPC's scattered sections (S.339 to S.348) into two sections (S.126 and S.127) with graduated sub-sections.
BNS S.126 = IPC S.339/S.341 (wrongful restraint, definition + punishment). BNS S.127 = IPC S.340/S.342 to S.348 (wrongful confinement and all aggravated forms consolidated into one section with eight sub-sections).
Wrongful Restraint (S.126)
Definition (S.126(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: Obstruction of a private way over land or water which the person in good faith believes himself to have a lawful right to obstruct is not an offence.
Elements
| Element | Content |
|---|---|
| Voluntary obstruction | A deliberate act of blocking |
| Prevention of movement | The person is actually prevented |
| Right to proceed | The person must have a right to move in that direction |
Punishment (S.126(2))
Simple imprisonment up to 1 month, or fine up to Rs. 5,000, or both.
Wrongful Confinement (S.127)
Definition (S.127(1))
"Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said 'wrongfully to confine' that person."
The difference from restraint: Restraint prevents movement in one direction. Confinement prevents movement in all directions (the person is hemmed in).
Punishment (Graduated by Duration and Purpose)
| Sub-section | Situation | Punishment |
|---|---|---|
| (2) | Basic wrongful confinement | Up to 1 year, or fine up to Rs. 5,000, or both |
| (3) | Confinement for 3 days or more | Up to 3 years, or fine up to Rs. 10,000, or both |
| (4) | Confinement for 10 days or more | Up to 5 years + fine not less than Rs. 10,000 |
| (5) | Confinement after a writ for liberation has been issued | Up to 2 years (in addition to other punishment) + fine |
| (6) | Confinement with intent to conceal the fact or the place from interested persons or public servants | Up to 3 years (in addition) + fine |
| (7) | Confinement for purpose of extortion or constraining to do an illegal act | Up to 3 years + fine |
| (8) | Confinement to extort confession or compel restoration of property | Up to 3 years + fine |
Recall Check
- What is the distinction between wrongful restraint and wrongful confinement?
- What is the exception to wrongful restraint?
- How does the punishment escalate with duration of confinement?
Distinctions
| Basis | Wrongful Restraint (S.126) | Wrongful Confinement (S.127) |
|---|---|---|
| Movement blocked | In one direction | In all directions (circumscribed) |
| Degree | Lesser | Greater (includes restraint) |
| Punishment (basic) | Up to 1 month | Up to 1 year |
| Example | Blocking a road so a person cannot pass | Locking a person in a room |
| Relationship | Every confinement includes restraint | Not every restraint is confinement |
| Basis | Wrongful Confinement (S.127) | Kidnapping (S.137) |
|---|---|---|
| Movement | Prevented from leaving a place | Taken away from a place |
| Consent | Absent | Absent (from the person or lawful guardian) |
| Direction | The person stays where he is, against his will | The person is moved to a different place |
| Gravity | Intermediate | Greater (especially with aggravating purposes) |
Flashcards
Define wrongful restraint under S.126.
Voluntarily obstructing any person so as to prevent that person from proceeding in any direction in which he has a right to proceed.
What distinguishes wrongful confinement from wrongful restraint?
Confinement prevents movement in all directions (circumscribed limits). Restraint prevents movement in one direction only.
What is the punishment for wrongful confinement for 10 days or more?
Up to 5 years imprisonment plus fine not less than Rs. 10,000 (S.127(4)).
What is the exception to wrongful restraint?
Obstruction of a private way that the obstructor in good faith believes himself entitled to obstruct.
Exam Scenario
Problem: Ajay blocks the only exit of a parking lot with his car, preventing Bina from driving out, because Bina owes him money and he wants to compel her to pay. Bina is trapped for four hours. Separately, Chandra locks his domestic worker Devi in a room for three days because she threatened to report his family for unpaid wages to the labour inspector. Advise.
Step 1: Test Ajay's act
Ajay blocks the only exit. Bina cannot proceed in any direction out of the parking lot. This is wrongful confinement under S.127(1) (circumscribing limits), not merely wrongful restraint, because all exits are blocked.
The purpose is to compel payment (extortion or constraining to do an act). S.127(7) applies: confinement for the purpose of extorting property or constraining to an illegal act. Punishment: up to 3 years + fine.
Step 2: Test Chandra's confinement of Devi
| Element | On these facts |
|---|---|
| Wrongful confinement | Yes: Devi locked in a room, cannot leave |
| Duration | Three days |
| Purpose | To prevent her from reporting to the labour inspector: constraining her to omit an act she is entitled to do |
| Concealment | The confinement was likely concealed from authorities |
Charges:
- S.127(3): confinement for 3 days or more (up to 3 years + fine).
- S.127(6): intent to conceal the fact from public servants (up to 3 years additional).
- S.127(7) or (8): purpose of constraining her to refrain from a lawful act (up to 3 years + fine).
Blocking the only exit is confinement, not restraint. If there were another exit Bina could use, it would be restraint only. The circumscribing of all available paths makes it confinement.
Duration stacks with purpose. S.127(3) (3 days) and S.127(7) (extortion purpose) are cumulative aggravating factors, not alternatives.
Conclusion. Ajay: S.127(7), up to 3 years. Chandra: S.127(3) + S.127(6) + S.127(7), with cumulative punishments potentially exceeding 6 years.
See Also
- Criminal Force and Assault : the use of force or threat that often accompanies confinement.
- Kidnapping, Abduction and Trafficking : where the person is taken away rather than held in place.
- Right of Private Defence : S.38(f) permits causing death where assault is with intent to wrongfully confine under circumstances causing apprehension of inability to reach authorities.