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BNS Section 126: Wrongful restraint

Section 126 of the Bharatiya Nyaya Sanhita, 2023 deals with wrongful restraint. It replaces IPC 339, IPC 341 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 126(2) is cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
126(2)Wrongfully restraining any person.Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.CognizableBailableAny Magistrate

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 126

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.—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.

IPC sections replaced

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