BNS Section 127 — Wrongful confinement
CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of wrongful restraint and wrongful confinement
Criminal
Summary
Sub-section (1) defines the offence. A person is said to wrongfully confine someone when they wrongfully restrain that person in a way that stops them from moving beyond certain fixed limits. The two illustrations given are: (a) A locks Z inside a walled space, preventing Z from moving beyond the wall; and (b) A places armed men at the exits of a building and tells Z they will shoot if Z tries to leave.
Sub-section (2) sets the basic punishment for wrongful confinement. Whoever wrongfully confines any person can be punished with imprisonment of either kind for up to one year, or a fine of up to five thousand rupees, or both.
Sub-section (3) covers wrongful confinement lasting three days or more. The punishment is imprisonment of either kind for up to three years, or a fine of up to ten thousand rupees, or both.
Sub-section (4) covers wrongful confinement lasting ten days or more. The punishment is imprisonment of either kind for up to five years, and the person must also pay a fine of at least ten thousand rupees.
Sub-section (5) deals with keeping a person in wrongful confinement while knowing that a writ for that person's release has been properly issued. The punishment is imprisonment of either kind for up to two years, in addition to any other imprisonment the person may face under any other section of this Chapter, and also a fine.
Sub-section (6) covers wrongful confinement done in a way that shows an intention to hide the confinement from people interested in the confined person or from any public servant, or to hide the place of confinement from such people. The punishment is imprisonment of either kind for up to three years, in addition to any other punishment for the wrongful confinement itself, and also a fine.
Sub-section (7) covers wrongful confinement done to extort from the confined person or anyone interested in them any property or valuable security, or to force the confined person or anyone interested in them to do something illegal or to give information that could help commit an offence. The punishment is imprisonment of either kind for up to three years, and also a fine.
Sub-section (8) covers wrongful confinement done to extort from the confined person or anyone interested in them any confession or information that could lead to detecting an offence or misconduct, or to force the confined person or anyone interested in them to restore or cause the restoration of any property or valuable security, to satisfy any claim or demand, or to give information that could lead to restoring property or valuable security. The punishment is imprisonment of either kind for up to three years, and also a fine.
Official Text
(1) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Illustrations.
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
(2) Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
(3) Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
(4) Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees.
(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine.
(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.
(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Related Provisions
wrongful confinement
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)