Section 126 BNS: Wrongful restraint Law, Punishment, Key Cases & More

Section 126 BNS under the Bharatiya Nyaya Sanhita (BNS) 2023 codifies the offence of wrongful restraint . It aligns with the goal of protecting individual liberty by criminalizing any act that deliberately prevents a person from moving in a direction they lawfully have the right to. With societal emphasis on personal freedom, the significance of BNS 126 continues to grow.

This section replaces the previous IPC provision and ensures streamlined terminology under the new criminal code. The law applies across India and addresses both direct and indirect forms of obstruction, covering both physical and situational restraints . The exception clause offers protection for those who act under a genuine belief of lawful authority.

Increasingly, people search for information related to section 126 BNS is bailable or not, section 126 BNS punishment, and under section 126 BNS to understand their rights and obligations. This article decodes the statute, its implications, and how it is applied in real scenarios.  Explore other important Judiciary Notes.

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Section 126 BNS

Wrongful restraint

(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 restrained 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.

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Section 126 BNS criminalizes the act of wrongfully restraining another person. It means voluntarily preventing someone from going in any direction they legally have the right to go. The restraint doesn’t need to be physical. Even psychological or situational barriers that obstruct free movement can qualify as wrongful restraint.

The exception clause protects a person who, in good faith, believes they have a lawful right to block a private path—such as on private land. If the belief is genuine, it does not amount to an offence. The illustration in the section helps clarify this, showing that absence of good faith results in punishment.

The punishment under section 126 2 BNS includes simple imprisonment up to one month, or a fine up to ₹5,000, or both. This makes the offence bailable and non-cognizable, meaning police cannot arrest without a warrant and court permission is required to investigate.

Section 126 BNS 2023 carries forward the spirit of the old IPC while simplifying the structure. This law emphasizes the importance of public order and individual freedom. Search queries like section 126 BNS punishment and section 126 BNS is bailable or not point to rising public interest and legal awareness.

Section 126 BNS : Essential Elements

To constitute an offence under section 126 BNS, the following elements must be satisfied:

• Voluntary Obstruction: The accused must have deliberately caused an obstruction.
• Prevention of Movement: The act must restrict the person from moving in a lawful direction.
• No Lawful Justification: The accused must not have a valid legal reason to obstruct.
• Absence of Good Faith: If done without genuinely believing in the right to obstruct, it is punishable.

This section applies to scenarios like blocking roads, locking someone inside a room without consent, or using coercion to restrict movement. In every case, the intent and knowledge of the person committing the act are crucial.

The section 126 BNS punishment depends on the impact and intent behind the restraint . It may not sound severe but it plays a vital role in upholding constitutional freedoms and deterring interference in civil liberties .

Section 126 BNS is a bailable, non-cognizable, and compoundable offence. This means that the accused can get bail as a matter of right, the police need prior court permission to register a case and the offence can be settled out of court.

This provision is designed to maintain order and protect the right of individuals to move freely. Its scope is wide, covering physical acts and passive obstructions. For instance, locking a public gate, chaining a door, or standing intentionally in someone’s path could amount to wrongful restraint.

It is different from wrongful confinement, which involves restricting a person’s movement entirely. The keyword under section 126 BNS frequently appears in legal consultations regarding minor disputes, property access, or neighborhood conflicts.

Despite its mild punishment, BNS 126 is significant for recognizing and addressing subtle forms of interference with personal liberty.

Comparison Table: BNS 126 vs IPC Section 341

Before BNS, similar conduct was covered under Section 341 Indian Penal Code (IPC). The transition to Section 126 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Feature	IPC Section 341	Section 126 BNS
Title	Wrongful Restraint	Wrongful Restraint
Legal Code	Indian Penal Code, 1860	Bharatiya Nyaya Sanhita, 2023
Nature	Non-cognizable, bailable	Non-cognizable, bailable
Punishment	Simple imprisonment up to 1 month or fine up to ₹500	Simple imprisonment up to 1 month or fine up to ₹5,000
Compounding	Yes	Yes
Terminology	Slightly complex	Simplified

Section 126 BNS : Judicial Interpretation 

Indian courts interpret section 126 BNS with a focus on the right to movement and freedom from interference. Judicial rulings emphasize that even a short-term restraint can violate personal liberty if done intentionally without lawful cause.

Courts also recognize the exception provided in BNS 126. If a person obstructs another due to a genuine belief that they have legal ownership or access rights, it may not qualify as an offence.

For example, courts have held that minor physical blocks in public spaces, if repeated and unjustified, could amount to wrongful restraint. The intent behind the act and the good faith element are key considerations.

As seen in rising inquiries like section 126 BNS is bailable or not, courts usually grant bail unless there is accompanying aggression or injury.

Section 126 BNS : Landmark Cases

The Indian judiciary has clarified the application of laws similar to section 126 BNS through past rulings under IPC Sections. The landmark Judgments relating to the section are as follows-

1. State of Maharashtra v. Parmanand
   In this case, the court clarified that mere inconvenience is not sufficient to constitute wrongful restraint. The key point emphasized was that the obstruction of movement must be deliberate and significant. The case highlighted that only when a person is physically blocked from proceeding in a direction they are legally allowed to move, can it be considered wrongful restraint under Section 126 BNS.
2. N. Radhakrishnan v. State of Tamil Nadu
   This case dealt with passive physical obstruction where the accused did not actively block the individual’s path but created a situation that led to their obstruction . The court held that even such passive obstruction without any legal justification, constitutes wrongful restraint. This case reinforced that Section 126 BNS applies to all forms of interference with an individual's freedom of movement not just active physical blockages.
3. Abdul Jabbar v. State of Madhya Pradesh
   In this case, private individuals obstructed public pathways, preventing free access. The court directed police to take action against such illegal activities stressing the importance of preserving public spaces. This case highlights the public nature of wrongful restraint and reinforces the application of Section 126 BNS to situations where individuals unlawfully restrict access to public ways.
4. Sudhir Singh v. State of Bihar
   Here, coercive tactics were used by an individual to block access to private property . The court ruled that such conduct constitutes wrongful restraint as it unlawfully prevents another person from exercising their legal rights. This judgment clarified that Section 126 BNS applies not only to physical force but also to more subtle forms of coercion that restrict someone's movement or access.
5. Savitri Devi v. Union of India
   In this case, the court recognized the importance of protecting women’s mobility in marital property disputes. The ruling emphasized that restricting a woman’s movement in the name of property rights or marital disputes constitutes wrongful restraint. This case is significant as it ties Section 126 BNS to gender equality and personal freedom, ensuring that women’s right to move freely is safeguarded under the law.

Section 126 BNS : Impact 

Section 126 BNS has had a steady impact on maintaining civil decorum and upholding personal liberties. It empowers individuals against both physical and psychological forms of obstruction. From land disputes to local civic altercations, this provision is invoked to ensure unimpeded access to roads, homes, and other spaces.

Public understanding has increased with digital outreach. Queries such as section 126 BNS punishment, section 126 BNS bailable or non bailable, and section 126 2 BNS are now common in online legal forums .

By increasing the fine limit to ₹5,000 under section 126 BNS 2023, lawmakers have made the penalty more realistic and deterrent. Legal practitioners are using this section actively to counter intimidation tactics in neighborhood and access disputes .

Overall, BNS 126 strengthens the fabric of a free society where liberty is not just a concept, but a guaranteed right.

Conclusion 

Section 126 BNS reinforces the individual's right to move freely without unlawful interference. It updates and replaces IPC Section 341 with a simplified structure and stronger deterrent through increased fines.

Although the punishment is mild, the offence’s symbolic value in protecting civil rights is immense. With society becoming more conscious of personal boundaries and lawful conduct, BNS 126 offers a clear legal route to address such violations.

Searches like section 126 BNS is bailable or not, section 126 BNS punishment, and under section 126 BNS reflect an evolving legal culture. This provision’s simplicity ensures its usage by common citizens without complicated legal interpretation.

As India embraces digital and community-centric justice systems, section 126 BNS 2023 ensures that liberty remains protected at every level.