Why Sections 126 and 127 of BNS are important? offences under Indian criminal law, directly impacting an individual’s freedom of movement. These legal concepts, codified in Sections 126 and 127 of BNS, respectively, examine situations where a person’s right to move freely is obstructed or confined within certain boundaries. Understanding these offences is crucial for law students and practitioners, as they form the foundation of protecting personal liberty against unlawful restrictions. This article provides a detailed analysis of these sections, highlighting key definitions, illustrations, and punishments, while comparing them with corresponding sections in the Indian Penal Code (IPC).
Section 126: Wrongful Restraint BNS
126. (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.
Definition:
Under this section, wrongful restraint occurs when a person voluntarily obstructs another from moving in a direction where they have the right to proceed. The essence of wrongful restraint lies in the prevention of free movement, which is a basic human right.
Exception:
If someone blocks a private way over land or water, believing in good faith that they have the legal right to do so, it does not amount to an offence under this section. This exception protects those who may act under a genuine belief in their legal rights.
Illustration:
Consider a situation where A, without any lawful right or belief, obstructs a pathway that Z is entitled to use. By doing so, A has wrongfully restrained Z from moving freely along that path.
Punishment: Sections 126 BNS
Anyone found guilty of wrongful restraint may face simple imprisonment for up to one month, a fine up to five thousand rupees, or both. This punishment reflects the seriousness of obstructing another person’s liberty.
Section 127: Wrongful Confinement BNS
127. (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.
Definition:
Wrongful confinement takes the concept of restraint further. It refers to situations where a person is not just restrained but confined within certain limits, preventing them from moving beyond those boundaries. This could mean being locked in a room or being prevented from leaving a specific area.
Illustrations:
– If A locks Z inside a room, Z is confined and unable to move beyond the room’s walls. A has wrongfully confined Z.
– If A stations armed guards at the exits of a building and warns Z that they will be shot if they try to leave, A has created a wrongful confinement situation.
(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.
Punishment : Sections 127 of BNS
Sub sections:
(2) Basic wrongful confinement carries a punishment of imprisonment for up to one year, a fine up to five thousand rupees, or both.
(3) If the confinement extends for three days or more, the punishment increases to imprisonment for up to three years, a fine up to ten thousand rupees, or both.
(4)For confinement lasting ten days or more, the punishment further escalates to imprisonment for up to five years and a fine of at least ten thousand rupees.
(5) If someone continues to confine a person despite a court’s order for their release, they can face up to two years of imprisonment, in addition to any other punishment.
(6)If the confinement is done secretly or in a hidden location, the punishment can be up to three years of imprisonment, along with a fine.
(7) If the confinement is for the purpose of extorting property or forcing someone to do something illegal, the punishment can extend to three years of imprisonment and a fine.
(8) If the confinement is intended to extract a confession or information leading to the discovery of an offence, the punishment can also be up to three years of imprisonment and a fine.
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Comparison with the Indian Penal Code (IPC)
Old IPC Sections:
– Section 339 IPC:Defines wrongful restraint but in a more concise manner, without the detailed exceptions and illustrations found in Section 126.
– Section 340 IPC: Defines wrongful confinement similarly but lacks the extensive details and punishments outlined in Section 127.
Key Differences:
– Clarity and Detail:
The new Sections 126 and 127 provide a more comprehensive explanation, making it easier for law students and practitioners to grasp the subtleties of wrongful restraint and confinement.
– Punishments: The punishments are explicitly detailed in the new sections, ensuring that the consequences are clearly understood.
– Good Faith Exception: Section 126 introduces a specific exception for those acting in good faith, which adds a layer of protection for individuals who believe they are exercising their legal rights.
Conclusion:
BNS Wrongful Restraint and Wrongful Confinement Sections 126 and 127 of the law offer a clearer and more detailed framework for understanding the offences of wrongful restraint and confinement. These sections not only define the offences but also provide illustrations and exceptions that help in understanding the real-life application of these laws. This clarity is crucial for protecting personal liberty and ensuring that justice is served in cases where these offences are committed.