IPC 339→BNS 126(1)

IPC 339 to BNS 126(1): Wrongful restraint

Section 339 IPC (1860) replaced by Section 126(1) BNS (2023)

View IPC Section 339 →View BNS Section 126(1) →

IPC 339 to BNS 126(1) at a Glance

Section 339 IPC (Wrongful restraint) is now Section 126(1) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 339 to BNS 126(1)?

Section 339 IPC is succeeded by Section 126(1) BNS. Under the Bharatiya Nyaya Sanhita, wrongful restraint is codified in Section 126 BNS, where the definition, the Exception, and the Illustration are placed in sub-section 1, and the punishing provision is placed in sub-section 2. The statutory wording and legal ingredients of the definition are carried forward unchanged.

IPC 339 vs BNS 126(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section339126(1)
OffenceWrongful restraintSame
PunishmentSection 339 IPC is a definition and prescribes no term of imprisonment. Punishment for wrongful restraint is prescribed under Section 341 IPC as simple imprisonment for up to one month, or fine, or both.Section 126(1) BNS is a definition and prescribes no term of imprisonment. Punishment for wrongful restraint is prescribed under Section 126(2) BNS as simple imprisonment for up to one month, or fine up to five thousand rupees, or both.
FineNo fine is prescribed in Section 339 IPC; fine is imposed under Section 341 IPC.No fine is prescribed in Section 126(1) BNS; fine up to five thousand rupees is imposed under Section 126(2) BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 339 and BNS 126(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 339, IPC 1860

339. Wrongful restraint.—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.
BNS 2023 (in force)

Section 126(1), BNS 2023

(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.

Ingredients: IPC 339 vs BNS 126(1)

Under IPC 339
  1. The accused voluntarily obstructed any person
  2. The obstruction prevented that person from proceeding in a direction in which that person had a right to proceed
  3. The obstruction was not of a private way over land or water which the accused in good faith believed himself to have a lawful right to obstruct
Under BNS 126(1)
  1. Voluntarily obstructing any person
  2. Preventing that person from proceeding in any direction in which that person has a right to proceed
  3. Except 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

What IPC 339 to BNS 126(1) Means for Pending Cases

For Section 339 IPC (now Section 126(1) BNS): the statutory definition of wrongful restraint is carried over word for word into Section 126(1) BNS. A formal charge or police report for conduct taking place after the new code came into force cites Section 126(1) BNS for the definition and Section 126(2) BNS for the punishment. Because definition sections carry no independent penalties, legal proceedings must always link the definition to its corresponding penal provision.

FAQs: IPC 339 to BNS 126(1)

What changed from Section 339 IPC to Section 126(1) BNS?▼

The statutory definition of wrongful restraint, including its Exception and Illustration, is carried over unchanged into Section 126(1) BNS, with the punishing provision placed immediately alongside it in Section 126(2) BNS.

Where is Section 339 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 126(1) BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of wrongful restraint and wrongful confinement.

Does Section 339 IPC or Section 126(1) BNS apply to an act done before 1 July 2024?▼

Section 339 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 339 IPC. Section 126(1) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·