wrongful restraint

Section 126(1) of the Bharatiya Nyaya Sanhita, 2023 (old s.339 IPC) defines wrongful restraint, and s.126(2) (old s.341) punishes it with simple imprisonment up to one month, or fine up to five thousand rupees, or both. The obstruction may be by physical force, by threat, or by any means that prevents a person from proceeding. The exception: obstructing a private way over land or water which the offender in good faith believes he has a lawful right to obstruct.

Wrongful restraint is a partial restraint: the person is stopped from going in one direction but is free to go in others. Wrongful confinement (s.127, old s.340) is a total restraint that keeps a person within certain limits. Every wrongful confinement includes wrongful restraint, but not the reverse. Restraint need not be physical; fear of harm is enough.

Example

The accused stood in the lane and threatened the complainant to stop him from reaching his field, which is wrongful restraint under s.126 BNS.

In Indian law

• Section 126, Bharatiya Nyaya Sanhita, 2023 (old ss.339 and 341 IPC)
• Section 127, BNS (old ss.340 and 342 IPC): wrongful confinement

See also

false imprisonment · robbery · kidnapping · assault

Read more in the study notes

• Wrongful restraint, wrongful confinement, criminal force and assault (Bharatiya Nyaya Sanhita)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)
• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• The right of private defence (Bharatiya Nyaya Sanhita)