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 Section 339 in BNS: Section 126
Wrongful restraint
Section 339 of the Indian Penal Code, 1860 (Wrongful restraint) corresponds to Section 126 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 126(2) is cognizable, bailable, triable by Any Magistrate; punishment: Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 126(2) | Wrongfully restraining any person. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Cognizable | Bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 126
Full BNS Section 126 and every IPC section it replaced →
Other IPC sections now in BNS 126
- IPC 341: Punishment for wrongful restraint → BNS 126(2)
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