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BNS Section 127: Wrongful confinement

Section 127 of the Bharatiya Nyaya Sanhita, 2023 deals with wrongful confinement. It replaces IPC 340, IPC 342, IPC 343, IPC 344, IPC 345, IPC 346, IPC 347, IPC 348 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 127(2) is cognizable and bailable; 127(3) is cognizable and bailable; 127(4) is cognizable and non-bailable; 127(5) is cognizable and bailable; 127(6) is cognizable and bailable; 127(7) is cognizable and bailable; 127(8) is cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
127(2)Wrongfully confining any person.Imprisonment for 1 year, or fine of 5,000 rupees, or both.CognizableBailableAny Magistrate
127(3)Wrongfully confining for three or more days.Imprisonment for 3 years, or fine of 10,000 rupees, or both.CognizableBailableAny Magistrate
127(4)Wrongfully confining for 10 or more days.Imprisonment for 5 years and fine of 10,000 rupees.CognizableNon-bailableMagistrate of the first class
127(5)Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation.Imprisonment for 2 years in addition to any term of imprisonment to under any other section and fine.CognizableBailableMagistrate of the first class
127(6)Wrongful confinement in secret.Imprisonment for 3 years in addition to other punishment which he is liable to and fine.CognizableBailableMagistrate of the first class
127(7)Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc.Imprisonment for 3 years and fine.CognizableBailableAny Magistrate
127(8)Wrongful confinement for the purpose of extorting confession or information, or for compelling restoration of property, etc.Imprisonment for 3 years and fine.CognizableBailableAny Magistrate

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

Text of BNS Section 127

127. (1) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.

Illustrations.

(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 wall. A wrongfully confines Z.

(b) Aplaces men with firearms at the outlets ofa building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

(2) Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

Act endangering life or personal safety of others.

Wrongful restraint.

Wrongful confinement.

Force.

(3) Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.

(4) Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees.

(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine.

(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.

(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Of criminal force and assault

IPC sections replaced

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