Section 135 BNS: Assault or criminal force in attempt to wrongfully confine a person
Bharatiya Nyaya Sanhita, 2023
Section 135 BNS at a Glance
Section 135 BNS deals with assault or criminal force in attempt to wrongfully confine a person. It is bailable and cognizable, triable by any Magistrate; it replaced Section 357 IPC on 1 July 2024.
Imprisonment of either description for a term extending up to one year under both codes.
Section 135 BNS Bare Act Text
135. Assault or criminal force in attempt wrongfully to confine a person
Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
Source: Section 135, Bharatiya Nyaya Sanhita, 2023
Section 135 BNS in Simple Words
Section 135 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with using assault or criminal force while trying to wrongfully confine a person. In simple terms, if someone tries to stop another person from leaving a place by using force, threat, or physical intimidation, this section may apply. The focus is on the attempt to unlawfully restrain liberty, even if the confinement is not fully achieved. This section usually applies where the accused acts with the intention of locking in, trapping, or preventing a person from moving freely without legal authority.
It is often seen in disputes involving illegal detention, forceful blocking of exits, or attempts to keep a person confined against their will. For victims, it provides legal protection against unlawful restraint backed by aggression. For accused persons, the key issue is whether there was a real attempt to confine and whether assault or criminal force was used in that attempt.
Ingredients of Section 135 BNS
- Assaulting or using criminal force to any person
- Attempting wrongfully to confine that person within circumscribed limits
- Punishment of imprisonment extending up to one year, or fine extending up to five thousand rupees, or both, under Section 135 BNS
Punishment Under Section 135 BNS
Imprisonment of either description for a term extending up to one year under both codes.
Fine extending up to one thousand rupees under the Indian Penal Code, increased to five thousand rupees under Section 135 BNS.
Assault or criminal force in attempting wrongfully to confine a person carries imprisonment of either description for up to one year, or fine of up to five thousand rupees, or both. The offence is cognizable, bailable, triable by any Magistrate, and compoundable with the permission of the court by the person assaulted or to whom force was used.
Example of Section 135 BNS
When Section 135 BNS Does Not Apply
- No assault was committed and no criminal force was used against the person
- Force was used without any intention or attempt wrongfully to confine the person
- The intended restraint would not have kept the person from going beyond certain circumscribing limits
Section 135 BNS in the IPC (Previous Law)
Section 135 BNS replaces Section 357 IPC from the old criminal code.
Section 357 IPC is succeeded by Section 135 BNS. The maximum fine is increased from one thousand rupees under the IPC to five thousand rupees under the BNS. The term of imprisonment of either description extending up to one year, the essential legal ingredients, and the heading phrasing remain identical in substance, with the BNS heading reading attempt to wrongfully confine instead of attempt wrongfully to confine.
View IPC Section 357 →FAQs on Section 135 BNS
Is an actual confinement necessary for Section 135 BNS to apply?▼
No. An attempt to wrongfully confine a person is enough if assault or criminal force is used in that attempt. The law does not wait for the confinement to be completed.
Can a family dispute or workplace incident fall under Section 135 BNS?▼
Yes, if one person uses force to stop another from leaving or moving freely without lawful reason. The setting does not matter as much as the conduct and intention.
Is the offence under Section 135 BNS bailable?▼
Yes, it is generally bailable. That means the accused can usually seek bail as a matter of right, subject to the court process.
Under Section 135 BNS, what should a victim do if such force is used?▼
The victim should report the incident to the police and describe the exact acts, location, and witnesses. Medical records, CCTV footage, and call records can also help prove the use of force.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·