IPC 341 Is Now BNS 126(2): Wrongful Restraint Explained

What Changed From IPC 341 to BNS 126(2)?

Section 341 IPC is succeeded by Section 126(2) BNS. Under the Bharatiya Nyaya Sanhita, wrongful restraint is codified under Section 126 BNS, where the definition is placed in sub-section 1 and the punishment is enacted in sub-section 2. The maximum fine increases tenfold from five hundred rupees under Section 341 IPC to five thousand rupees under Section 126(2) BNS. The maximum term of simple imprisonment remains one month, and the classification as cognizable and bailable continues unchanged.

IPC 341 vs BNS 126(2): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	341	126(2)
Offence	Punishment for wrongful restraint	Same
Punishment	Simple imprisonment for a term which may extend to one month, or fine, or both.	Simple imprisonment for a term which may extend to one month, or with fine, or with both.
Fine	Fine which may extend to five hundred rupees, alone or with imprisonment.	Fine which may extend to five thousand rupees, or simple imprisonment up to one month, or both.
Bail	Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Compoundable	Same
Triable By	Any Magistrate	Same

IPC 341 and BNS 126(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 341, IPC 1860

341. Punishment for wrongful restraint.—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 hundred rupees, or with both.

BNS 2023 (in force)

Section 126(2), BNS 2023

(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.

Ingredients: IPC 341 vs BNS 126(2)

Under IPC 341

The accused voluntarily obstructed any person
The obstruction prevented that person from proceeding in a direction in which that person had a right to proceed
The obstruction did not fall within the Exception to Section 339 IPC regarding the good faith obstruction of a private way over land or water

Under BNS 126(2)

Voluntarily obstructing any person under Section 126(1) BNS
Preventing that person from proceeding in a direction in which that person has a right to proceed
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 341 to BNS 126(2) Means for Pending Cases

For Section 341 IPC (now Section 126(2) BNS): under Section 126(2) BNS, the punishment for wrongful restraint preserves the one-month simple imprisonment ceiling while raising the maximum fine from five hundred rupees to five thousand rupees. A charge for an act done after the BNS came into force cites Section 126(2) BNS with the definition in Section 126(1) BNS. Compounding continues to be available without court permission at the instance of the person restrained.

FAQs: IPC 341 to BNS 126(2)

What changed from Section 341 IPC to Section 126(2) BNS?▼

The maximum fine increased tenfold from five hundred rupees under Section 341 IPC to five thousand rupees under Section 126(2) BNS, while the maximum imprisonment of one month simple imprisonment and the essential elements remain identical.

Where is Section 341 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 341 IPC is codified as sub-section 2 of Section 126 BNS, in Chapter VI, Of Offences Affecting the Human Body.

Does Section 341 IPC or Section 126(2) BNS apply to an act done before 1 July 2024?▼

Section 341 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 341 IPC. Section 126(2) BNS governs acts done on or after 1 July 2024.

IPC 341 to BNS 126(2): Punishment for wrongful restraint

IPC 341 to BNS 126(2) at a Glance