Section 126 BNS: Wrongful Restraint

Section 126 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines and punishes wrongful restraint. In simple terms, the offence concerns voluntarily obstructing a person so that the person cannot proceed in a direction in which that person has a legal right to proceed.

Current law: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on 1 July 2024.

Section 126(1): Meaning of Wrongful Restraint

A person wrongfully restrains another when the person voluntarily obstructs that other person and thereby prevents that person from proceeding in any direction in which the person has a right to proceed.

Essential Ingredients of Wrongful Restraint

For Section 126 to apply, the relevant facts must ordinarily show:

a voluntary obstruction by the accused;
a person who is prevented from moving in a particular direction;
a legal right of that person to proceed in that direction; and
a causal connection between the obstruction and the prevention of movement.

Key point: The section does not require complete confinement within fixed limits. Preventing a person from proceeding in even one direction in which that person has a right to proceed may amount to wrongful restraint, subject to the statutory exception.

Exception: Obstruction of a Private Way in Good Faith

Section 126 expressly excludes one situation from the offence. Obstruction of a private way over land or water is not wrongful restraint where the person obstructing the way, in good faith, believes that he has a lawful right to obstruct it.

The exception therefore turns on both the nature of the way and the existence of a good-faith belief in a lawful right to obstruct it.

Statutory Illustration

The BNS illustration describes A obstructing a path along which Z has a right to pass. A does not believe in good faith that he has a right to stop the path, and Z is prevented from passing. The illustration states that A wrongfully restrains Z.

Punishment under Section 126(2) BNS

Offence	Wrongful restraint.
Imprisonment	Simple imprisonment for a term which may extend to 1 month.
Fine	Fine which may extend to Rs. 5,000.
Alternative punishment	The Court may impose simple imprisonment, fine, or both, subject to Section 126(2).

Wrongful Restraint and Wrongful Confinement

Wrongful restraint under Section 126 should be distinguished from wrongful confinement under Section 127 BNS. Section 126 deals with preventing a person from proceeding in a direction in which the person has a right to proceed. Section 127 addresses restraint that prevents the person from proceeding beyond certain circumscribing limits.

Related BNS Provisions

Official Legal Sources

For the authoritative statutory text and commencement notification, refer to the official Government sources below.

India Code - Bharatiya Nyaya Sanhita, 2023 Ministry of Home Affairs - New Criminal Laws MHA - BNS Commencement Notification

This page provides general legal information. The application of Section 126 depends on the facts, evidence, procedural law and judicial interpretation relevant to the particular case.