Wrongful Restraint and Wrongful Confinement Under the BNS (Section 126 and 127) (2026)
What wrongful restraint and wrongful confinement mean under Sections 126 and 127 of the Bharatiya Nyaya Sanhita, 2023, how they map to Sections 339 to 342 of the old IPC, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
Wrongful restraint and wrongful confinement are offences under Sections 126 and 127 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Restraint is stopping a person from going where he has a right to go. Confinement is restraining him within limits. They replace Sections 339 to 342 of the old IPC. Restraint is punishable with up to one month, and confinement with up to one year. Last verified October 2026.
- What they are: wrongful restraint (obstructing movement) under BNS Section 126, and wrongful confinement (keeping a person within limits) under BNS Section 127.
- Old law: IPC Section 339 and 341 (restraint) and Section 340 and 342 (confinement), with the graded forms in Sections 343 to 348.
- Punishment: restraint up to one month or fine up to Rs 5,000; basic confinement up to one year or fine up to Rs 5,000, rising for longer or secret confinement.
- Classification: cognizable, bailable, triable by any Magistrate, and generally compoundable.
01The problem these sections answer
Personal liberty includes the simple freedom to move. When one person blocks another from going where he has a right to go, or shuts him within set limits, the law steps in. This can be a landlord locking a tenant in, a group blocking a road to trap someone, or an employer holding back a worker.
The BNS draws a clear line between two wrongs. Wrongful restraint is the wider obstruction of movement. Wrongful confinement is the narrower, more serious act of keeping a person within bounds.
02What BNS Sections 126 and 127 cover
Section 126 is wrongful restraint. A person wrongfully restrains another when he voluntarily obstructs him so as to prevent him from proceeding in any direction in which he has a right to proceed. There is an exception for the good faith obstruction of a private way over land or water that a person believes he has a lawful right to obstruct.
Section 127 is wrongful confinement. A person wrongfully confines another when he wrongfully restrains him in such a manner as to prevent him from proceeding beyond certain circumscribing limits. Confinement is therefore a form of restraint, but one that boxes the person in.
Restraint versus confinement
The test is whether the person is merely stopped from going one way (restraint) or is fenced in on all sides (confinement). A locked room is confinement. Blocking a single path, while the person can still go elsewhere, is restraint.
Section 127 then grades the offence by how long and how the confinement is done: confinement for three days or more, for ten days or more, in secret, to extort property, or to extort a confession, each attract heavier punishment.
03IPC 339 to 342 to BNS mapping
The old Indian Penal Code set out these offences across a block of sections. The BNS renumbers them.
| Old law (IPC, 1860) | New law (BNS, 2023) | What it does |
|---|---|---|
| Section 339 | Section 126(1) | Defines wrongful restraint |
| Section 341 | Section 126(2) | Punishment for wrongful restraint |
| Section 340 | Section 127(1) | Defines wrongful confinement |
| Section 342 | Section 127(2) | Punishment for wrongful confinement |
| Sections 343 to 348 | Section 127(3) to (8) | Graded forms of wrongful confinement |
So the search term "section 342 IPC in BNS" points to Section 127. For the full renumbering, see our IPC to BNS section mapping.
04Punishment, cognizable and bailable
The punishment depends on the offence and, for confinement, on how long and how it is done.
| Offence | Section | Maximum punishment |
|---|---|---|
| Wrongful restraint | 126(2) | Simple imprisonment up to 1 month, or fine up to Rs 5,000, or both |
| Wrongful confinement (basic) | 127(2) | Up to 1 year, or fine up to Rs 5,000, or both |
| Confinement for three days or more | 127(3) | Up to 3 years, or fine up to Rs 10,000, or both |
| Confinement for ten days or more | 127(4) | Up to 5 years, and fine of not less than Rs 10,000 |
- Cognizable or not: cognizable, so the police can register and investigate without a magistrate’s order.
- Bailable or not: bailable.
- Triable by: any Magistrate, and both offences are generally compoundable by the person restrained or confined.
05What changed from the old law
The definitions and the structure are carried over from the old IPC almost unchanged. The practical change is in the fines. Under old IPC Section 341, wrongful restraint carried a fine of up to Rs 500; under BNS Section 126(2) it can extend to Rs 5,000. Under old IPC Section 342, wrongful confinement carried a fine of up to Rs 1,000; under BNS Section 127(2) it can extend to Rs 5,000.
Restraint and confinement are the same liberty offences as before. The imprisonment limits are unchanged, but the fines are raised to keep pace with time.
The graded confinement offences, including secret confinement and confinement to extort property or a confession, are kept with their heavier punishments. A case for an act before 1 July 2024 continues under the IPC, while a complaint for an act on or after that date uses BNS Sections 126 and 127.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Restraint and confinement are often charged alongside assault, kidnapping or extortion, so counsel need to read them together with the other sections in the first information report. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. You can follow a live matter and get cause lists and WhatsApp and email alerts before each hearing. To search these offences across the court system, start with case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Bare text of BNS Section 127: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being read by the courts, so check the current text and take advice from counsel on your own facts.
08Frequently asked questions
What is Section 127 of the BNS?
Section 127 of the Bharatiya Nyaya Sanhita, 2023 is the offence of wrongful confinement. It is committed when a person wrongfully restrains another in such a way as to stop him from going beyond certain limits, for example by locking him in a room.
Which IPC section is now BNS Section 127?
BNS Section 127 replaces Sections 340 and 342 of the Indian Penal Code, which defined and punished wrongful confinement. Wrongful restraint, which was Sections 339 and 341, is now Section 126.
What is the difference between wrongful restraint and wrongful confinement?
Wrongful restraint under Section 126 is stopping a person from going in a direction he has a right to go. Wrongful confinement under Section 127 is the more serious act of keeping him within set limits, so that he cannot leave at all.
What is the punishment for wrongful confinement under the BNS?
The basic offence under Section 127(2) is punishable with imprisonment up to one year, or a fine up to Rs 5,000, or both. Confinement for three days or more, ten days or more, in secret, or to extort property or a confession carries heavier punishment.
Is wrongful confinement a bailable offence?
Yes, it is treated as a cognizable and bailable offence, triable by any Magistrate, and it is generally compoundable by the person confined. Confirm the position against the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita.
Can I find wrongful confinement cases in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. It helps you research and follow matters, but it does not give legal advice.