BNS 126 : Wrongful restraint .

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Introduction of Section 126 BNS

BNS Section 126 deals with “Wrongful Restraint.” This section defines wrongful restraint as the act of deliberately blocking or stopping someone from moving in a direction where they have the right to proceed. If someone is wrongfully restrained, they can be punished with imprisonment or a fine, depending on the severity of the act.

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The Bharatiya Nyaya Sanhita (BNS) Section 126(1) replaces the old Indian Penal Code (IPC) Section 339.

The Bharatiya Nyaya Sanhita (BNS) Section 126(2) replaces the old Indian Penal Code (IPC) Section 341.

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What is section 126 of BNS ?

BNS Section 126 explains that wrongful restraint happens when a person stops another person from going to a place where they have the right to go. If the action is done in good faith, believing it is lawful, it may not be considered an offence.

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Bare Act – BNS Section 126

(1) Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which they have a right to proceed, is said to commit the offence of wrongful restraint.

(2) Whoever commits wrongful restraint shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to ₹5,000, or with both.

Explanation of Bare Act

• What it Means → If someone blocks another person’s way and prevents them from moving freely in a direction where they have a legal right to go, it is wrongful restraint.
• Legal Right to Move → The obstruction is considered wrongful only if the person stopped actually had the legal right of passage in that direction (e.g., public road, own property).
• Intention Matters → The act must be intentional. If the obstruction happens by accident (e.g., leaving a bicycle on the road unintentionally), it is not wrongful restraint.
• Good Faith Exception → If someone genuinely believes they have the legal right to restrict movement (e.g., stopping people from entering their private land thinking it’s theirs), it may not be considered wrongful restraint.
• Punishment → The offender may face up to 1 month imprisonment, or fine up to ₹5,000, or both. This is a relatively light punishment compared to grievous offences but still ensures accountability.

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BNS 126 in Simple Points

BNS Section 126(1) – Key Points Explained

1. Definition of Wrongful Restraint:
   • If someone intentionally blocks or stops another person from going in a direction where they have the right to proceed, it is considered wrongful restraint. For example, if Person A stops Person B from walking on a public path, it is wrongful restraint.
2. Right to Movement:
   • The person being obstructed must have the right to move in that particular direction. This right is protected under the law, and stopping them from doing so without legal justification is illegal.
3. Voluntary Action:
   • The wrongful restraint must be a voluntary action by the person causing the obstruction. If someone unintentionally blocks another person, it does not fall under wrongful restraint.
4. Good Faith Exception:
   • If the person obstructing the path believes in good faith that they have a legal right to do so, it is not considered wrongful restraint. For instance, if someone believes they own a piece of land and stops others from crossing it, this might be a lawful act.
5. Illustration:
   • A good example is if Person A blocks a path where Person Z has the right to walk, and Person A does not believe they have any legal right to block it, then A is guilty of wrongful restraint.

BNS Section 126(2) – Key Points Explained

1. Punishment for Wrongful Restraint:
   • Anyone found guilty of wrongful restraint can be punished with simple imprisonment for up to one month or a fine of up to ₹5,000, or both.
2. Imprisonment as a Deterrent:
   • The law aims to prevent such acts by threatening imprisonment as a deterrent. The term can extend to one month, depending on the severity of the wrongful restraint.
3. Financial Penalty:
   • A fine of ₹5,000 is also imposed in cases where wrongful restraint occurs, providing a financial consequence alongside imprisonment.
4. Flexibility in Punishment:
   • The court has the discretion to impose either imprisonment, a fine, or both, depending on the circumstances of the case and the extent of the restraint.
5. Legal Classification:
   • Wrongful restraint is classified as a cognizable, bailable, and compoundable offence, meaning the accused can be arrested without a warrant, apply for bail, and settle the case outside of court.

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Section 126 BNS Overview

BNS Section 126 defines wrongful restraint as an act of voluntarily blocking or obstructing someone from moving in a direction they are legally allowed to go. If the person believes they have a right to stop someone in good faith, it may not be considered wrongful restraint.

BNS Section 126 – 10 Key Points

1. Obstructing a Person’s Right to Move:
   • If someone deliberately prevents another person from moving in a direction they are legally allowed to go, it is considered wrongful restraint under Section 126.
2. No Legal Justification:
   • For it to be wrongful restraint, the person causing the obstruction must not have any legal justification to do so. If they block someone without any lawful right, it is illegal.
3. Good Faith Belief:
   • If someone genuinely believes they have a lawful reason to block someone, such as believing they own the land, it is not considered wrongful restraint under the law.
4. Cognizable Offence:
   • Wrongful restraint is a cognizable offence, meaning the police can arrest the offender without needing a warrant.
5. Bailable Offence:
   • It is a bailable offence, meaning the accused can apply for bail and does not have to remain in custody while awaiting trial.
6. Compoundable Offence:
   • The offence is compoundable, which means it can be resolved outside of court if both parties agree to settle the matter.
7. Punishment – Imprisonment:
   • The punishment for wrongful restraint can include simple imprisonment for up to one month, depending on the severity of the act.
8. Punishment – Fine:
   • A fine of up to ₹5,000 can be imposed as a penalty for wrongful restraint, either on its own or in addition to imprisonment.
9. Court Trial:
   • Wrongful restraint is triable by any magistrate, meaning the case can be heard in a lower court, and it does not need to go to a higher court for trial.
10. Protection of Personal Freedom:

• The law against wrongful restraint protects a person’s right to freely move without interference, ensuring that no one is unjustly blocked from exercising their legal rights.

Examples

1. Example 1:
   A builds a barrier across a path where B has the legal right to pass. B is unable to continue, and A has wrongfully restrained B.
2. Example 2:
   X blocks Y’s car in a parking lot, preventing Y from driving out, even though Y has the right to leave. X is guilty of wrongful restraint.

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BNS 126 Punishment

1. Imprisonment: Wrongful restraint can lead to imprisonment for up to 1 month.
2. Fine: A fine of up to ₹5,000 can also be imposed, depending on the severity of the wrongful restraint.

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BNS 126 bailable or not ?

BNS Section 126 is a bailable offence. This means that the accused can apply for bail and not remain in custody until the trial is concluded.

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Bharatiya Nyaya Sanhita Section 126

BNS Section	Offence	Punishment	Bailable	Cognizable	Triable By
126(1)	Wrongful restraint	Imprisonment up to 1 month or fine up to ₹5,000, or both	Yes	Yes	Any Magistrate
126(2)	Wrongfully restraining someone	Same as above	Yes	Yes	Any Magistrate

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Comparison Table – BNS Section 126 vs IPC Section 341

Point	BNS Section 126	IPC Section 341
Definition	Wrongful restraint = blocking someone’s lawful movement	Same definition
Punishment	Up to 1 month jail or ₹5,000 fine (or both)	Up to 1 month jail or ₹500 fine
Nature of Offence	Cognizable, bailable, compoundable	Cognizable, bailable, compoundable
Modern Update	Increased fine (₹5,000) to reflect current times	Very low fine (₹500), outdated

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BNS Section 126 FAQs

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Conclusion

BNS Section 126 safeguards every person’s fundamental right to free movement. By punishing wrongful restraint with imprisonment or fine, it ensures that no one can illegally block or restrict another person’s liberty. Compared to IPC, the law under BNS is stricter in fines and gives more clarity, reflecting modern social needs.

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