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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.

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.

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

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.

Full BNS Section 126 and every IPC section it replaced →

Other IPC sections now in BNS 126

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