BNS Section 126 — Wrongful restraint
CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of wrongful restraint and wrongful confinement
Criminal
Summary
Sub-section (1) defines wrongful restraint. A person wrongfully restrains someone else if they voluntarily block that person from moving in any direction the person has a legal right to move in. There is an exception: blocking a private path over land or water is not an offence under this section if the person doing the blocking honestly believes they have a lawful right to block it. The illustration given is that A blocks a path that Z has a right to use, and A does not honestly believe he has a right to block it, so Z cannot pass. In that case, A wrongfully restrains Z.
Sub-section (2) sets out the punishment for wrongful restraint. A person who wrongfully restrains another can be punished with simple imprisonment for up to one month, or a fine of up to five thousand rupees, or both.
Official Text
(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.
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)