BNS Section 126: Wrongful restraint (formerly IPC 339 and IPC 341)

Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024

BNS 126: Wrongful restraint

From 1 July 2024

(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.

What it replaced in the IPC

BNS 126(1) ← IPC 339 · Wrongful restraintChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: IPC section is included as a subsection in BNS.

Printed in both official correspondence tables (BPR&D and NCRB).

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.

IPC 339 on its own page →
BNS 126(2) ← IPC 341 · Punishment for wrongful restraintChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: IPC section is included as a sub-section in BNS, sans heading. Fine is increased from five hundred rupees to five thousand rupees.

Printed in both official correspondence tables (BPR&D and NCRB).

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 hundred rupees, or with both.

IPC 341 on its own page →

Which one applies

An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.

Read BNS section 358 →

Judgments decided under IPC 339

They remain the law on IPC 339. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.