127 BNS : Wrongful confinement .

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Introduction of Section 127 BNS

Imagine being locked in a room against your will, unable to step out. This act of restricting someone’s movement without legal authority is called wrongful confinement. Section 127 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with this crime and prescribes punishments depending on the duration and motive of the confinement.

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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.

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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.

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BNS Act – BNS Section 127

1. Basic Confinement: Whoever wrongfully confines any person shall be punished with imprisonment up to 1 year, or with fine up to ₹5,000, or with both.
2. Confinement for 3 or More Days: If the wrongful confinement lasts for 3 or more days, the punishment may extend to 3 years of imprisonment, or fine up to ₹10,000, or both.
3. Confinement for 10 or More Days: If the confinement lasts for 10 or more days, the offender shall be punished with imprisonment up to 5 years, along with a fine not less than ₹10,000.
4. Confinement Despite Court’s Release Order: Whoever keeps a person confined even after a writ of release has been issued shall be punished with imprisonment up to 2 years, plus fine, in addition to other penalties.
5. Secret Confinement: Whoever keeps a person in secret confinement shall be punished with imprisonment up to 3 years, plus fine. This punishment is in addition to any other penalty for wrongful confinement.
6. Confinement for Extortion or Illegal Acts: If the confinement is intended to extort property, force someone to deliver something, or compel them to perform an illegal act, the offender shall be punished with imprisonment up to 3 years, plus fine.
7. Confinement for Confession or Information: Whoever confines another person to extort a confession, obtain information about an offence, or to force restoration of property, shall be punished with imprisonment up to 3 years, plus fine.

This section criminalizes wrongful confinement, which means unlawfully restricting someone’s movement within a fixed boundary.

• Unlike simple restraint (Section 126), confinement limits a person to a closed space where they cannot move freely.
• The punishment depends on how long the confinement lasts and why it was done.
• Keeping someone locked in a room, tied in a place, or hidden away against their will counts as wrongful confinement.
• The law treats prolonged, secret, or purpose-driven confinement (like extortion or extracting confessions) much more seriously.

Key Elements of Section 127

• Restriction of Movement → Preventing someone from leaving a place.
• Time Duration Matters → Longer confinement = harsher punishment.
• Purpose Matters → If it’s for extortion, confession, or illegal acts, penalties are stricter.
• Secret Confinement → Hiding the victim makes the crime more serious.
• Court Protection → Ignoring a court’s release order leads to added punishment.
• Cognizable & Bailable (mostly) → Police can arrest without warrant; bail allowed in most cases (except 10+ days).

Examples to Understand Section 127

• Example 1 (Basic confinement): A locks B in a room for one day because of a personal quarrel. → Punishable under 127(2) with up to 1 year jail or fine.
• Example 2 (3+ days confinement): A kidnaps B and keeps him locked for 5 days. → Punishable under 127(3) with up to 3 years jail and fine.
• Example 3 (10+ days confinement): A keeps B tied in his farmhouse for 15 days to threaten his family. → Punishable under 127(4) with up to 5 years jail and ₹10,000 fine (non-bailable).
• Example 4 (Secret confinement): A hides B in a basement without anyone knowing. → Punishable under 127(6) with up to 3 years extra imprisonment.
• Example 5 (Confinement for extortion/confession): A gang locks a businessman in a room until he agrees to pay money. → Punishable under 127(7).

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BNS 127 in Simple Points

BNS Section 127(2) – Punishment for Wrongful Confinement

1. If someone wrongfully confines another person, the punishment can be up to one year in prison.
2. The guilty person may also be fined up to ₹5,000.
3. Both imprisonment and a fine can be imposed.
4. This section covers basic cases of wrongful confinement.
5. The offence is cognizable (police can act without a warrant) and bailable.

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BNS Section 2127(3) – Confinement for Three or More Days

1. If the confinement lasts for three or more days, the punishment increases.
2. The offender can be imprisoned for up to three years.
3. They may also be fined up to ₹10,000.
4. Both imprisonment and a fine can be imposed.
5. The offence is cognizable and bailable.

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BNS Section 127(4) – Confinement for Ten or More Days

1. If the wrongful confinement lasts for ten days or more, the punishment becomes more severe.
2. The offender can be imprisoned for up to five years.
3. They must also pay a minimum fine of ₹10,000.
4. This offence is considered serious and is non-bailable.
5. Only a Magistrate of the first class can handle this case.

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BNS Section 127(5) – Confinement Despite Writ of Release

1. If a person is kept in confinement even after a court has issued a writ for their release, the punishment increases.
2. The offender can be imprisoned for up to two years, in addition to any other sentence.
3. The offender will also face a fine.
4. This punishment is in addition to the penalty for wrongful confinement.
5. The offence is cognizable and bailable, handled by a Magistrate of the first class.

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BNS Section 127(6) – Secret Confinement

1. Secret confinement means keeping a person confined without anyone knowing about it.
2. The punishment for this can be up to three years in prison.
3. The offender may also be fined.
4. This is an additional punishment on top of any other sentence for wrongful confinement.
5. The offence is cognizable and bailable, handled by a Magistrate of the first class.

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BNS Section 127(7) – Confinement for Extortion or Illegal Acts

1. If someone is confined to force them or someone else to give property or perform an illegal act, the punishment applies.
2. The offender can be imprisoned for up to three years.
3. A fine will also be imposed.
4. The confinement is done with the intention to gain something from the victim.
5. The offence is cognizable and bailable, handled by any Magistrate.

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BNS Section 127(8) – Confinement for Confession or Information

1. If the confinement is used to force someone to confess or give information about a crime, the offender is punished.
2. The imprisonment can last for up to three years.
3. A fine will also be imposed along with imprisonment.
4. This clause covers cases where the offender wants to extract a confession or valuable information.
5. The offence is cognizable and bailable, handled by any Magistrate.

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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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.

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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.

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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.

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Comparison: BNS Section 127 vs IPC Sections 340–348

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BNS Section 127 FAQs

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Conclusion

BNS Section 127 ensures that no one is deprived of their fundamental right to freedom of movement. It covers not only simple cases of wrongful confinement but also aggravated situations like long-term confinement, extortion, or secret detention. By consolidating multiple IPC provisions into a single section, the BNS provides a clearer, stricter, and victim-focused framework. This law serves as a strong safeguard for personal liberty and deters those who misuse confinement as a tool of power or coercion.

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Finished with BNS 127 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS Section 128 : Force .
• https://marriagesolution.in/bns_section/bns-section-128/
• BNS Section 129 : Criminal force .
• https://marriagesolution.in/bns_section/bns-section-129/
• BNS Section 130 : Assault .
• https://marriagesolution.in/bns_section/bns-section-130/
• BNS Section 131: Punishment for assault or criminal force otherwise than on grave provocation.
• https://marriagesolution.in/bns_section/bns-section-131/
• 132 BNS : Assault or criminal force to deter public servant from discharge of his duty .
• https://marriagesolution.in/bns_section/132-bns/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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