“Law Master’s Publication” ‘Wrongful Restraint & Confinement’ Prof. Santosh D. Bhosale 147
(..16..)
Offences Affecting the Human Body
[Chapter XVI 299 to 377]
(Ss. 126 & 127)
QUESTION BANK
Q 1. Define Wrongful Restraint and Wrongful Confinement.
Q. 2. Wrongful Restraints and Wrongful Confinement.
SHORT NOTES
1. Wrongful Restraint.
2. Wrongful containment
SYNOPSIS
I. Introduction-
II. Wrongful Restraint (Section 126, BNS)-
1. Definition:
2. Essential Ingredients:
a. Voluntary Obstruction:
b. Prevention of Progress:
c. Right of Way:
1
2
चुकीच
े
बंधण. [गलत बंधन।
चुकीची को ंड.ी[गलत कारावास]
“Law Master’s Publication” ‘Wrongful Restraint & Confinement’ Prof. Santosh D. Bhosale 148
3. Exception:
4. Punishment:
III. Wrongful Confinement (Section 127, BNS)-
1. Definition:
2. Essential Ingredients:
a. Wrongful Restraint:
b. Prevention Beyond Limits:
3. Punishment:
4. Aggravated Forms of Wrongful Confinement:
a. Confinement for Three Days or More (Section 127(3) BNS):
b. Confinement for Ten Days or More (Section 127(4) BNS):
c. Confinement Despite Court Order (Section 127(5) BNS):
d. Secret Confinement to Avoid Discovery (Section 127(6) BNS):
e. Confinement for Extortion of Property or Illegal Coercion (Section
127(7) BNS):
f. Confinement to Extract Confession or Recover Property (Section
127(8) BNS):
IV. Difference Between Wrongful Restraint and Wrongful Confinement-
1. Meaning-
2. Nature of Restriction-
3. Freedom of Movement
4. Scope-
5. Severity of Offence-
6. Punishment-
7. Example-
V. Conclusion-
I. Introduction
The Constitution of India guarantees the right to personal liberty as a fundamental
right under Article 21. Any unlawful interference with this liberty or movement is a
punishable offence. Article 21 of the Constitution of India guarantees that "No person shall
be deprived of his life or personal liberty except according to procedure established by
law". This fundamental right is central to the discussion of wrongful restraint and
confinement, as these offences directly infringe upon an individual’s freedom of
movement, a core component of personal liberty. Sections 126 and 127 of the BNS codify
“Law Master’s Publication” ‘Wrongful Restraint & Confinement’ Prof. Santosh D. Bhosale 149
and criminalise the infringement of this freedom, serving as instruments to operationalise
the broader constitutional promise of liberty.
These offences are designed to protect an individual's freedom of movement,
however temporary the deprivation may be. Wrongful restraint is a partial restriction on
liberty, while wrongful confinement is a complete deprivation, making it the more serious
of the two.
II. Wrongful Restraint (Section 126, BNS)-
1. Definition:
Section 126(1) of the BNS defines ‘wrongful restraint’ as:
"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."
2. Essential Ingredients:
To constitute the offence of wrongful restraint, the following conditions must be met:
a. Voluntary Obstruction:
The accused must have voluntarily caused the obstruction. The obstruction can be
physical (like standing in someone's way, locking a door) or through threats and
intimidation.
b. Prevention of Progress:
The obstruction must be such that it prevents the victim from moving in a specific
direction.
c. Right of Way:
The victim must have a legal right to proceed in the direction they were obstructed from.
This includes public highways and private ways the person is entitled to use.
Illustration:
'A' obstructs a path along which 'Z' has a right to pass. 'A' does not prevent 'Z' from going
in any other direction but prevents him from passing along that specific path. 'A' has
wrongfully restrained 'Z'.
3. Exception:
The section provides an 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."
This means that if a person genuinely believes they have a legal right to block a
private pathway (e.g., on their own property) and does so, it does not amount to wrongful
restraint.
“Law Master’s Publication” ‘Wrongful Restraint & Confinement’ Prof. Santosh D. Bhosale 150
4. Punishment:
According to Section 126(2) of the BNS, the punishment for wrongful restraint is:
a. Simple imprisonment for a term which may extend to one month, or
b. A fine which may extend to five thousand rupees, or
c. Both.
III. Wrongful Confinement (Section 127, BNS)-
1. Definition:
Section 127(1) of the BNS defines wrongful confinement as:
"Whoever wrongfully restrains any person in such a manner as to prevent that person from
proceeding beyond certain circumscribing limits, is said to have wrongfully confined that
person."
Wrongful confinement is an aggravated form of wrongful restraint. It involves a total
restriction on a person's liberty, confining them within a specific area.
2. Essential Ingredients:
a. Wrongful Restraint: There must be a wrongful restraint of a person.
b. Prevention Beyond Limits: Such restraint must prevent the person from moving
beyond a certain boundary or limit. The area of confinement can be large (like a city) or
small (like a room). The means of confinement can be physical barriers, threats, or a
false impression of authority.
Illustration:
(a) 'A' causes 'Z' to go within a walled space and locks 'Z' in. 'Z' is thus prevented from
proceeding in any direction beyond the circumscribing line of the walls. 'A' has wrongfully
confined 'Z'.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at
Z if Z attempts to leave the building. A wrongfully confines Z.
3. Punishment:
According to Section 127(2) of the BNS, the punishment for wrongful confinement is:
a. Imprisonment of either description for a term which may extend to one year, or
b. A fine which may extend to five thousand rupees, or
c. Both.
4. Aggravated Forms of Wrongful Confinement:
Aggravated Forms of Wrongful Confinement and Punishments are mentioned under
Section sub clauses (3) to (8) of S. 127 of BNS. The BNS outlines several aggravated forms
of wrongful confinement with increased penalties as follows.
a. Confinement for Three Days or More (Section 127(3) BNS):
Imprisonment for a term which may extend to three years, or with a fine which
“Law Master’s Publication” ‘Wrongful Restraint & Confinement’ Prof. Santosh D. Bhosale 151
may extend to ten thousand rupees (₹10,000), or with both.
b. Confinement for Ten Days or More (Section 127(4) BNS):
Imprisonment for a term which may extend to five years, and shall also be liable to
a fine which shall not be less than ten thousand rupees (₹10,000). This is a non-bailable
offence, triable by a Magistrate of the First Class.
c. Confinement Despite Court Order (Section 127(5) BNS):
If a person keeps someone in wrongful confinement, knowing that a writ for the
liberation (e.g., Habeas Corpus) of that person has been duly issued, they shall be punished
with imprisonment for a term which may extend to two years in addition to any other
punishment, and shall also be liable to a fine. This ensures respect for judicial authority.
d. Secret Confinement to Avoid Discovery (Section 127(6) BNS):
If the confinement indicates an intention that it should not be known to any
interested person or public servant, or that the place of confinement remains
undiscoverable, the punishment is imprisonment for a term which may extend to three
years in addition to any other punishment, and a fine. This addresses confinement done
to hide the fact or place of detention.
e. Confinement for Extortion of Property or Illegal Coercion (Section 127(7) BNS):
If the confinement is for the purpose of extorting property or valuable security, or
compelling the confined person or anyone interested in them to do something illegal or
give information facilitating an offence, the punishment is imprisonment for a term which
may extend to three years, and a fine. This targets acts like kidnapping for ransom or
forced confessions.
f. Confinement to Extract Confession or Recover Property (Section 127(8) BNS):
If the confinement is for the purpose of extorting a confession or information leading
to the detection of an offence or misconduct, or to compel restoration of property or
satisfaction of a claim, the punishment is imprisonment for a term which may extend to
three years, and a fine. This includes forcing information about crimes or property
recovery.
IV. Difference Between Wrongful Restraint and Wrongful Confinement
Basis
of
Wrongful Restraint (Sec.
126)
Wrongful Confinement (Sec.
127)
Difference
Unlawfully preventing a
person from moving in a
Unlawfully detaining a person
within certain defined boundaries
1. Meaning
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direction they have the right
to go.
and
preventing
them
from
leaving.
2. Nature of
Restriction
It is a partial restraint of
It is a total restraint of liberty.
liberty.
The person is free to move in
any direction except the one
that is obstructed.
The person is prevented from
moving in any direction beyond a
certain limit.
3. Freedom of
Movement
It is a wider concept (genus).
Every case of wrongful
It is a specific form of wrongful
restraint (species).
4. Scope
confinement
includes
wrongful restraint.
5. Severity of
Offence
It is a more serious and
aggravated offence.
It is a less serious offence.
Imprisonment up to one year or a
fine up to ₹5,000, or both. The
punishment ranges up to 5 years
depending on severity.
Simple imprisonment up to
one month or a fine up to
₹5,000, or both.
6. Punishment
Blocking a person from
using a particular road.
7. Example
Locking a person inside a room.
V. Conclusion-
The BNS, 2023, by including wrongful restraint and confinement under Sections
126 and 127, reaffirms India's commitment to upholding individual liberty and dignity.
These offences are not merely about physical restrictions but strike at the core of human
autonomy. The enhanced punishment provisions and judicial scrutiny provided by the BNS
aim to offer both deterrence and remedies for these acts. The success of these provisions
depends on effective implementation, including training for law enforcement and public
legal education.
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