Section 126 BNS: Wrongful restraint

Bharatiya Nyaya Sanhita, 2023

Section 126 BNS at a Glance

Section 126 BNS deals with wrongful restraint. It replaced Sections 339 and 341 IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 339 →

Section 126 BNS Bare Act Text

(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.

(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.

Source: Section 126, Bharatiya Nyaya Sanhita, 2023

Section 126 BNS in the IPC (Previous Law)

Section 126 BNS replaced Sections 339 and 341 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 126 BNS

What does Section 126(1) BNS mean in simple words?▼

It means stopping a person from moving in a direction where they have a legal right to go. The stopping must be intentional and without lawful reason. Even a temporary blockage can count if it is wrongful.

Under Section 126(1) BNS, is physical force necessary for wrongful restraint?▼

No. Physical force is not always needed. Blocking a gate, standing in front of a vehicle, or otherwise preventing movement can be enough if the act is intentional.

Under Section 126(1) BNS, what is the punishment for wrongful restraint?▼

Section 126(1) BNS itself only defines the offence. The punishment is given under Section 126(2) BNS, which provides simple imprisonment up to one month, or fine up to five thousand rupees, or both.

Can a property dispute lead to the offence under Section 126(1) BNS?▼

Yes, it can. If one party deliberately blocks another from using a path, entrance, or access they are legally entitled to use, this section may apply. The facts matter a lot in such cases.

What is wrongful restraint under Section 126(2) BNS?▼

Wrongful restraint means voluntarily blocking a person so that they cannot go in a direction where they have a right to go. Under Section 126 BNS, this becomes an offence when the obstruction prevents that movement. A private way may be different if the person blocking it honestly believes they have a lawful right to do so.

Under Section 126(2) BNS, what has to be proved for wrongful restraint?▼

It must be shown that the person voluntarily obstructed someone and stopped them from proceeding in a direction they had a right to proceed. The focus is on obstruction and prevention of movement. If the case is about a private way, a good faith belief of lawful right to obstruct is treated as an exception in the text.

What is the punishment for wrongful restraint under Section 126(2) BNS?▼

The punishment under Section 126(2) BNS is simple imprisonment for up to one month, or fine up to five thousand rupees, or both. The exact sentence depends on the facts of the case.

Under Section 126(2) BNS, how is wrongful restraint different from just stopping someone on private property?▼

Not every obstruction on private property is wrongful restraint under the section. If it is a private way over land or water, and the person blocking it in good faith believes they have a lawful right to obstruct it, the text says it is not an offence under this section. The key question is whether the other person had a right to proceed and whether the obstruction was voluntary.

Section 126 BNS: Sub-sections Explained

Section 126(1) BNS: Wrongful restraint

▶

Bare Act Text

(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.

Explained in Simple Words

Section 126 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with wrongful restraint. In simple terms, it applies when a person intentionally prevents another person from moving in a direction in which that person has a legal right to proceed. The restraint may be physical, such as blocking a path, or done through other means that stop free movement.

The key point is that the person must be stopped from going somewhere they are entitled to go. This section usually applies where there is no lawful justification for stopping someone. It can arise in disputes over property, access roads, shop entrances, public pathways, or even during personal conflicts.

The law protects a person’s freedom of movement, so even a temporary obstruction can amount to an offence if it is intentional and without legal authority. In practice, this section is often used in situations that may look minor but still affect daily life and personal liberty. It is a useful provision when someone is deliberately blocked from entering, leaving, or passing through a place they have the right to use.

Key Ingredients

  • Voluntarily obstructing any person
  • Preventing that person from proceeding in any 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

Punishment

🔒 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.

💰 No fine is prescribed in Section 126(1) BNS; fine up to five thousand rupees is imposed under Section 126(2) BNS.

Wrongful restraint consists of voluntarily obstructing a person from moving in a direction where that person has a right to go. Because Section 126(1) BNS is a definition sub-section, it contains no penalty of its own, with punishment provided under Section 126(2) BNS.

Real-World Example

Along a shared residential lane in Ajmer, Suresh parked a tractor trolley across the passage, completely blocking the path along which his neighbour Imran possessed an undisputed right of way to reach the public road. When Imran requested passage, Suresh refused to remove the obstruction, knowing that he held no legal right to stop the lane. Imran was thereby prevented from proceeding in a direction in which he had a right to proceed. Suresh wrongfully restrained Imran as defined under Section 126(1) BNS, an act punishable under Section 126(2) BNS.

When This Does Not Apply

  • The accused did not voluntarily obstruct any person
  • The person was not prevented from proceeding in any direction in which that person had a right to proceed
  • The obstruction was of a private way over land or water which the accused in good faith believed himself to have a lawful right to obstruct

Previous Law

IPC 339 → Section 126(1) BNS

Section 339 IPC is succeeded by Section 126(1) BNS. Under the Bharatiya Nyaya Sanhita, wrongful restraint is codified in Section 126(1) 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.

Section 126(2) BNS: Wrongful restraint

▶

Bare Act Text

(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.

Explained in Simple Words

Section 126(2) of the Bharatiya Nyaya Sanhita (BNS) is the punishment provision for the offence of wrongful restraint. It applies to any person who wrongfully restrains another person within the meaning of Section 126(1) BNS.

Under Section 126(1) BNS, a person wrongfully restrains another when they voluntarily obstruct that person so as to prevent them from proceeding in any direction in which they have a right to proceed. The section includes an important exception for private ways: obstructing a private way over land or water is not an offence if the person obstructing it believes in good faith that they have a lawful right to do so.

A person who commits wrongful restraint under Section 126(2) BNS shall be punished with simple imprisonment for a term that may extend to one month, or with a fine that may extend to five thousand rupees, or with both.

Key Ingredients

  • The accused voluntarily obstructed a person
  • The obstruction prevented that person from proceeding
  • The person had a right to proceed in that direction
  • The restraint was wrongful
  • The case does not fall within the good faith private way exception

Punishment

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Simple imprisonment for a term which may extend to one month.

💰 The offender may be punished with fine of up to five thousand rupees alone, or with both imprisonment and fine.

Whoever wrongfully restrains any person is punishable with simple imprisonment for up to one month, or with fine up to five thousand rupees, or with both.

Real-World Example

Near a ferry point outside Kochi, Lakshmi was walking along a public path to reach the jetty. Devendra stood across the narrow entrance with his scooter and refused to move, even after Kavita told him that Lakshmi had to pass through that path. Devendra was not acting under any lawful claim and did not believe in good faith that he had a right to block the way. Because his voluntary obstruction prevented Lakshmi from proceeding in a direction where she had a right to go, this falls within wrongful restraint.

When This Does Not Apply

  • A person is not prevented from proceeding in any direction at all
  • The way blocked is a private way over land or water, and the person blocking it in good faith believes he has a lawful right to obstruct it
  • There is annoyance or verbal abuse, but no actual obstruction preventing movement
  • The person stopped had no right to proceed in that direction

Previous Law

IPC 341 → Section 126(2) BNS

Section 341 IPC is succeeded by Section 126(2) BNS. Under the Bharatiya Nyaya Sanhita, the definition of wrongful restraint is placed in Section 126(1) BNS and the punishment is enacted in Section 126(2) BNS. The maximum fine is increased from five hundred rupees under Section 341 IPC to five thousand rupees under Section 126(2) BNS, while the maximum term of simple imprisonment of one month remains unchanged.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·