Section 339 IPC: Wrongful restraint
Indian Penal Code, 1860
Section 339 IPC at a Glance
Section 339 IPC deals with wrongful restraint. From 1 July 2024 it is replaced by Section 126(1) BNS.
Section 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 339 IPC Bare Act Text
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.
IllustrationA 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.
Source: Section 339, Indian Penal Code, 1860
Section 339 IPC in Simple Words
Section 339 of the Indian Penal Code (IPC) defines wrongful restraint as voluntarily obstructing any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed.
The section carries an Exception for the obstruction of a private way over land or water where a person believes in good faith that he has a lawful right to obstruct it.
As a definition, Section 339 IPC prescribes no penalty of its own; punishment is provided under Section 341 IPC.
Ingredients of Section 339 IPC
- 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 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
Punishment Under Section 339 IPC
Section 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.
No fine is prescribed in Section 339 IPC; fine is imposed under Section 341 IPC.
Wrongful restraint consists of voluntarily obstructing a person from moving in a direction where that person has a right to go. Because Section 339 IPC is a definition section, it contains no Schedule classification or penalty of its own, with punishment provided under Section 341 IPC.
Example of Section 339 IPC
When Section 339 IPC Does Not Apply
- Section 339 IPC does not apply when a person blocks a private path over land or water while believing in good faith that he has a lawful right to close it.
- Section 339 IPC does not apply when the complainant had no legal right to go in the direction that was blocked.
- Section 339 IPC does not apply when the hindrance was accidental rather than a voluntary obstruction by the accused.
- Section 339 IPC does not apply when the obstruction did not actually stop the person from moving forward in the intended direction.
Section 339 IPC in the BNS
Section 339 IPC is now covered under 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.
View detailed comparison (IPC 339 vs BNS 126(1)) →FAQs on Section 339 IPC
What does Section 339 IPC define?▼
Section 339 IPC defines wrongful restraint as voluntarily obstructing any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed.
What punishment does Section 339 IPC prescribe?▼
Section 339 IPC is a definition section and prescribes no punishment of its own; punishment for wrongful restraint is prescribed under Section 341 IPC.
Is Section 339 IPC listed in the First Schedule to the CrPC?▼
No, because Section 339 IPC is purely a definition section, procedural classification is governed by the punishing section, Section 341 IPC.
What is the Exception to wrongful restraint under Section 339 IPC?▼
The Exception protects 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.
How does wrongful restraint differ from wrongful confinement under Section 340 IPC?▼
Wrongful restraint under Section 339 IPC prevents movement in a particular direction where a person has a right to go, whereas wrongful confinement under Section 340 IPC confines a person within circumscribing boundaries on all sides.
Does wrongful restraint under Section 339 IPC require physical force?▼
No. The section does not mention force. It requires a voluntary obstruction that prevents a person from proceeding in any direction in which that person has a right to proceed.
What is the illustration given in Section 339 IPC?▼
The illustration describes A obstructing a path along which Z has a right to pass, without believing in good faith that A has a right to stop the path; Z is thereby prevented from passing and A wrongfully restrains Z.
What is the equivalent provision for Section 339 IPC in the Bharatiya Nyaya Sanhita?▼
Section 339 IPC corresponds to Section 126(1) BNS, which retains the same definition, Exception, and Illustration.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·