Introduction
In this article, we will be talking about the offence of wrongful restraint and wrongful confinement in light of Bharatiya Nyaya Sanhita, 2023 (BNS). These offenses are defined in Sections 126 and 127 of BNS, respectively.
Wrongful Restraint (Section 126 of BNS):
Definition:
According to Section 126(1) of BNS, Wrongful Restraint occurs when an individual voluntarily obstructs another person, preventing them from proceeding in any direction they have the right to go.
Exception:
The section provides an exception for the obstruction of a private way over land or water when done in good faith and believed to be lawful.
Punishment:
Under Section 126(2), the punishment for Wrongful Restraint includes simple imprisonment for up to one month, a fine extending to five thousand rupees, or both.
Example:
For instance, consider a situation where a person, without any lawful authority or good faith belief, physically blocks another person's path, preventing them from reaching their workplace. This act would be deemed Wrongful Restraint under BNS.
Wrongful Confinement (Section 127 of BNS):
Definition:
Wrongful Confinement under Section 127(1) involves restraining a person to prevent them from proceeding beyond certain circumscribing limits.
Example:
Suppose an individual forcibly confines another within a locked room, restricting their movement beyond the confines of that space. This act constitutes Wrongful Confinement as per BNS.
Punishment:
The punishment for Wrongful Confinement varies based on the duration and circumstances. The punishment for wrongful confinement is as follows:
1. Simple Wrongful Confinement (Subsection 127(2)):
- Imprisonment up to one year.
- Fine up to five thousand rupees.
2. Wrongful Confinement for Three Days or More (Subsection 127(3)):
- Imprisonment up to three years.
- Fine up to ten thousand rupees.
3. Wrongful Confinement for Ten Days or More (Subsection 127(4)):
- Imprisonment up to five years.
- Fine not less than ten thousand rupees.
4. Keeping a Person in Wrongful Confinement After Issuance of Writ (Subsection 127(5)):
- Imprisonment up to two years additionally.
- Fine.
5. Wrongful Confinement to Conceal Identity or Location (Subsection 127(6)):
- Imprisonment up to three years additionally.
- Fine.
6. Wrongful Confinement for Extortion (Subsections 127(7) and 127(8)):
- Imprisonment up to three years.
- Fine.
Case Laws on Wrongful Restraint:
1. Vijay Kumari Magee vs Smt. S.R. Rao (1996 Cri. L.J. 1371, S.C.):
- Fact: A lady teacher, after termination of her hostel room license, was denied entry, and the school authorities were accused of wrongful restraint.
- Judgment: The Supreme Court clarified that a necessary precondition for wrongful restraint is that the person concerned must have a right to proceed.
- Fact: The driver of a bus intentionally stopped it, obstructing another bus from proceeding further.
- Judgment: The bus driver was found guilty of wrongful restraint as soon as the person's progress was obstructed, even without the use of physical force.
Case Laws on Wrongful confinement:
1. State of Gujarat v Maganbhai Jogani (AIR 2009 S.C 2594):
- Fact: Officers making an inquiry were briefly restrained in the accused's house without the use of force.
- Judgment: The court held that the accused didn't commit the offence of wrongful confinement as there was no apprehension of force.
2. S.A. Aziz vs Pasam Haribabu (2003 6 Cri.L.j. 2462, A.P.):
- Fact: A police officer arrested a person wrongfully under a non-bailable warrant, detaining him for a week.
- Judgment: The police officer was found guilty of the offence of wrongful confinement The High Court clarified that physical force isn't necessary for this offense.
Frequently Asked Questions (FAQs) on Wrongful Restraint and Wrongful Confinement under Bharatiya Nyaya Sanhita, 2023 (BNS):
1. What is Wrongful Restraint under BNS?
- Wrongful Restraint, as per Section 126 of BNS, occurs when an individual voluntarily obstructs another person, preventing them from proceeding in any direction they have the right to go.
2. Are there any exceptions to Wrongful Restraint under BNS?
- Yes, an exception exists for the obstruction of a private way over land or water when done in good faith and believed to be lawful.
3. What is the punishment for Wrongful Restraint under BNS?
- The punishment includes simple imprisonment for up to one month, a fine extending to five thousand rupees, or both, as per Section 126(2).
4. Can you provide an example of Wrongful Restraint under BNS?
- If a person without lawful authority physically blocks another person's path, preventing them from reaching their workplace, it would be deemed Wrongful Restraint under BNS.
5. How is Wrongful Confinement defined in BNS?
- Wrongful Confinement, under Section 127(1) of BNS, involves restraining a person to prevent them from proceeding beyond certain circumscribing limits.
6. Can you give an example of Wrongful Confinement under BNS?
- Forcibly confining an individual within a locked room, restricting their movement beyond the confines of that space, constitutes Wrongful Confinement as per BNS.
7. What are the punishments for Wrongful Confinement under BNS?
- Punishments vary based on duration and circumstances:
- Simple Wrongful Confinement (Subsection 127(2)): Imprisonment up to one year, fine up to five thousand rupees, or both.
- Wrongful Confinement for Three Days or More (Subsection 127(3)): Imprisonment up to three years, fine up to ten thousand rupees, or both.
- Wrongful Confinement for Ten Days or More (Subsection 127(4)): Imprisonment up to five years, fine not less than ten thousand rupees, or both.
8. Are there additional provisions for Wrongful Confinement under BNS?
- Yes, additional provisions include penalties for keeping a person in wrongful confinement after the issuance of a writ (Subsection 127(5)) and wrongful confinement to conceal identity or location (Subsection 127(6)).
Wrongful restraint and wrongful confinement under BNS (Bharatiya Nyaya Sanhita)
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