Introduction of Section 127 BNS
BNS Section 127 defines wrongful confinement as the act of restricting a person’s movement within certain boundaries without legal justification. This section explains different forms of wrongful confinement and their punishments. It also covers situations where confinement is intended to extract property, confessions, or other unlawful demands from the confined person or their associates.
The Bharatiya Nyaya Sanhita (BNS) Section 127(1) replaces the old Indian Penal Code (IPC) Section 340.
The Bharatiya Nyaya Sanhita (BNS) Section 127(2) replaces the old Indian Penal Code (IPC) Section 342.
- Introduction of Section 127 BNS
- What is section 127 of BNS ?
- BNS 127 in Simple Points
- BNS Section 127(2) – Punishment for Wrongful Confinement
- BNS Section 2127(3) – Confinement for Three or More Days
- BNS Section 127(4) – Confinement for Ten or More Days
- BNS Section 127(5) – Confinement Despite Writ of Release
- BNS Section 127(6) – Secret Confinement
- BNS Section 127(7) – Confinement for Extortion or Illegal Acts
- BNS Section 127(8) – Confinement for Confession or Information
- Section 127 BNS Overview
- BNS 127 Punishment
- BNS 127 bailable or not ?
- Bharatiya Nyaya Sanhita Section 127
- BNS Section 127 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 127 of BNS ?
BNS Section 127 deals with wrongful confinement, which is restraining someone in a way that prevents them from moving beyond certain limits. If a person is confined intentionally, without legal authority, it is considered wrongful confinement under this section.
BNS 127 in Simple Points
BNS Section 127(2) – Punishment for Wrongful Confinement
- If someone wrongfully confines another person, the punishment can be up to one year in prison.
- The guilty person may also be fined up to ₹5,000.
- Both imprisonment and a fine can be imposed.
- This section covers basic cases of wrongful confinement.
- The offence is cognizable (police can act without a warrant) and bailable.
BNS Section 2127(3) – Confinement for Three or More Days
- If the confinement lasts for three or more days, the punishment increases.
- The offender can be imprisoned for up to three years.
- They may also be fined up to ₹10,000.
- Both imprisonment and a fine can be imposed.
- The offence is cognizable and bailable.
BNS Section 127(4) – Confinement for Ten or More Days
- If the wrongful confinement lasts for ten days or more, the punishment becomes more severe.
- The offender can be imprisoned for up to five years.
- They must also pay a minimum fine of ₹10,000.
- This offence is considered serious and is non-bailable.
- Only a Magistrate of the first class can handle this case.
BNS Section 127(5) – Confinement Despite Writ of Release
- If a person is kept in confinement even after a court has issued a writ for their release, the punishment increases.
- The offender can be imprisoned for up to two years, in addition to any other sentence.
- The offender will also face a fine.
- This punishment is in addition to the penalty for wrongful confinement.
- The offence is cognizable and bailable, handled by a Magistrate of the first class.
BNS Section 127(6) – Secret Confinement
- Secret confinement means keeping a person confined without anyone knowing about it.
- The punishment for this can be up to three years in prison.
- The offender may also be fined.
- This is an additional punishment on top of any other sentence for wrongful confinement.
- The offence is cognizable and bailable, handled by a Magistrate of the first class.
BNS Section 127(7) – Confinement for Extortion or Illegal Acts
- If someone is confined to force them or someone else to give property or perform an illegal act, the punishment applies.
- The offender can be imprisoned for up to three years.
- A fine will also be imposed.
- The confinement is done with the intention to gain something from the victim.
- The offence is cognizable and bailable, handled by any Magistrate.
BNS Section 127(8) – Confinement for Confession or Information
- If the confinement is used to force someone to confess or give information about a crime, the offender is punished.
- The imprisonment can last for up to three years.
- A fine will also be imposed along with imprisonment.
- This clause covers cases where the offender wants to extract a confession or valuable information.
- The offence is cognizable and bailable, handled by any Magistrate.
Section 127 BNS Overview
The definition of wrongful confinement under BNS Section 127 is the act of unlawfully restricting someone’s movement within set boundaries, not allowing them to go where they have the legal right to go. This can include locking someone in a room, guarding exits, or creating physical or psychological barriers that prevent them from leaving.
BNS Section 127: 10 Key Points Explained in Detail
- Wrongful Confinement: If a person restricts another’s movement in such a way that they cannot move beyond certain boundaries, this is considered wrongful confinement. This applies even if there is no physical restraint; just preventing someone from leaving a specific area is enough.
- Confinement for One Year: If someone is wrongfully confined for any period, they may face imprisonment for up to one year or a fine of ₹5,000 or both. This punishment applies to all cases of wrongful confinement under basic conditions.
- Confinement for Three Days or More: If the wrongful confinement lasts for three or more days, the punishment increases. The person responsible can be imprisoned for up to three years or fined ₹10,000, or both.
- Confinement for Ten Days or More: If someone is wrongfully confined for ten days or more, the punishment becomes more severe. The guilty party can be imprisoned for up to five years and must also pay a fine of at least ₹10,000.
- Confinement Despite a Writ of Release: If someone keeps a person in confinement even after a court has issued an order for their release, they can face an additional two years of imprisonment and a fine. This punishment is on top of any other sentence they may be serving.
- Secret Confinement: If someone is wrongfully confined in secret, meaning the confinement is hidden from others or kept from the authorities, the punishment is up to three years of imprisonment and a fine. This is in addition to any other punishment for wrongful confinement.
- Confinement for Extortion: If a person is confined to force them or someone else to give property or perform an illegal act, the punishment can be up to three years of imprisonment and a fine. Extortion-related confinement is a serious offence.
- Confinement for Confession: If the confinement is used to force someone to confess to a crime or give information that could lead to solving a crime, the person responsible can be imprisoned for up to three years and fined.
- Cognizable Offence: Under this section, wrongful confinement is considered a cognizable offence. This means the police can arrest the offender without a warrant and start an investigation immediately.
- Bailable or Non-bailable: Some forms of wrongful confinement under this section are bailable, while others are not. For example, confinement for up to ten days is bailable, but confinement for ten days or more is non-bailable. This depends on the severity of the offence.
BNS 127 Punishment
Imprisonment: The basic punishment for wrongful confinement is imprisonment for up to 1 year. For longer confinements, the punishment can extend to 3 or 5 years.
Fine: A fine of ₹5,000 can be imposed for wrongful confinement. For longer confinements, the fine can go up to ₹10,000.
BNS 127 bailable or not ?
Wrongful confinement under BNS Section 127 is typically a bailable offence for confinements of shorter durations (up to 10 days). However, if the confinement lasts 10 days or more, it becomes a non-bailable offence.
Bharatiya Nyaya Sanhita Section 127
| BNS Section | Offence Description | Punishment | Cognizable | Bailable | Jurisdiction |
|---|---|---|---|---|---|
| 127(2) | Wrongful confinement of any person | Imprisonment up to 1 year or ₹5,000 fine, or both | Yes | Yes | Any Magistrate |
| 127(3) | Wrongfully confining for three or more days | Imprisonment up to 3 years or ₹10,000 fine, or both | Yes | Yes | Any Magistrate |
| 127(4) | Wrongfully confining for ten or more days | Imprisonment up to 5 years and ₹10,000 fine | Yes | No | Magistrate of the first class |
| 127(5) | Keeping a person in confinement despite a writ for release | Imprisonment up to 2 years (additional to any other section) and fine | Yes | Yes | Magistrate of the first class |
| 127(6) | Wrongful confinement in secret | Imprisonment up to 3 years (in addition to other penalties) and fine | Yes | Yes | Magistrate of the first class |
| 2127(7) | Confinement for extorting property or forcing an illegal act | Imprisonment up to 3 years and fine | Yes | Yes | Any Magistrate |
| 127(8) | Confinement for extorting confession or information, or forcing restoration of property | Imprisonment up to 3 years | Yes | Yes | Any Magistrate |
BNS Section 127 FAQs
What is wrongful confinement?
Wrongful confinement means restricting someone within certain boundaries where they cannot move freely.
Is wrongful confinement bailable?
Yes, wrongful confinement is usually a bailable offence, except in cases where the confinement lasts 10 days or more.
What is the punishment for wrongful confinement?
The basic punishment is up to 1 year of imprisonment or a fine of ₹5,000, or both. Longer confinements have stricter penalties.
What if the confinement lasts more than 3 days?
If the confinement exceeds 3 days, the punishment can be up to 3 years of imprisonment or a fine of ₹10,000.
What if someone confines another to extort property?
If a person confines someone to extort property, they can be punished with up to 3 years of imprisonment and a fine.
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