BNS SECTION 126 WRONGFUL RESTRAINT

SECTION 126

WRONGFUL RESTRAINT

Voluntarily stopping a
person from proceeding
where they have a legal
right to go.

NATURE OF OFFENCE

VOLUNTARY OBSTRUCTION

Intentionally and voluntarily
preventing a person from
proceeding in a lawful
direction.

LEGAL PROVISION

BHARATIYA NYAYA SANHITA

Section 126 – Wrongful Restraint:
Punishable with imprisonment
up to 1 month, a fine up to
₹5,000, or both.

ESSENTIAL ELEMENT

RIGHT TO PROCEED

The person must have
a legal right to proceed,
and the obstruction
must be voluntary.

SECTION 126

WRONGFUL RESTRAINT

Voluntarily stopping a
person from proceeding
where they have a legal
right to go.

NATURE OF OFFENCE

VOLUNTARY OBSTRUCTION

Intentionally and voluntarily
preventing a person from
proceeding in a lawful
direction.

LEGAL PROVISION

BHARATIYA NYAYA SANHITA

Section 126 – Wrongful Restraint:
Punishable with imprisonment
up to 1 month, a fine up to
₹5,000, or both.

ESSENTIAL ELEMENT

RIGHT TO PROCEED

The person must have
a legal right to proceed,
and the obstruction
must be voluntary.

WHAT IS WRONGFUL RESTRAINT?

When a person voluntarily obstructs another person and
prevents them from proceeding in a direction where
They have a legal right to proceed; it amounts to
wrongful restraint under Section 126 BNS.

KEY ELEMENTS OF SECTION 126

  • The obstruction must be caused intentionally.
  • The person must have a lawful right to move in that direction.
  • The act prevents or obstructs the person's lawful movement.

WHAT IS WRONGFUL RESTRAINT?

When a person voluntarily obstructs another person and
prevents them from proceeding in a direction where
They have a legal right to proceed; it amounts to
wrongful restraint under Section 126 BNS.

KEY ELEMENTS OF SECTION 126

  • The obstruction must be caused intentionally.
  • The person must have a lawful right to move in that direction.
  • The act prevents or obstructs the person's lawful movement.

PUNISHMENT UNDER SECTION 126

Whoever wrongfully restrains any person may
be punished with: Simple imprisonment up
to 1 month, or a fine up to 5,000, or both.

PUNISHMENT UNDER SECTION 126

Whoever wrongfully restrains any person may
be punished with: Simple imprisonment up
to 1 month, or a fine up to 5,000, or both.

REAL-LIFE EXAMPLES

EXAMPLE 01

Blocking a person’s path
to prevent them from
passing.

EXAMPLE 02

Deliberately stopping someone
from entering a place they have
a right to access.

EXAMPLE 03

Obstructing a person
from proceeding along
a lawful route.

FREQUENTLY ASKED QUESTIONS

What is BNS Section 126?

BNS Section 126 deals with wrongful restraint and wrongful confinement, where a person unlawfully restricts another person’s movement or liberty.

What is wrongful restraint?

Wrongful restraint means intentionally preventing a person from moving in a direction where they have a legal right to proceed.

What is wrongful confinement?

Wrongful confinement occurs when a person is unlawfully restricted within certain boundaries, preventing them from moving freely beyond those limits.

What is the punishment under BNS Section 126?

The punishment depends on whether the offence involves wrongful restraint or wrongful confinement and the circumstances of the case.

Is wrongful restraint a criminal offence?

Yes. Wrongful restraint and wrongful confinement are criminal offences under BNS Section 126, subject to the facts and circumstances of the case.

IMPORTANT POINTS

  • Freedom of Movement – Protects individuals from unlawful restrictions.
  • Wrongful Restraint – Prevents lawful movement without justification.
  • Wrongful Confinement – Restricts a person within defined limits.
  • Intent Matters – The restriction must be intentional and unlawful.
  • Criminal Offence – May attract punishment under BNS Section 126.