Section 341 IPC: Punishment for wrongful restraint

Indian Penal Code, 1860

Section 341 IPC at a Glance

Section 341 IPC deals with punishment for wrongful restraint. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 126(2) BNS.

Punishment

Simple imprisonment for a term which may extend to one month, or fine, or both.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 126(2) →

Section 341 IPC Bare Act Text

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.

Source: Section 341, Indian Penal Code, 1860

Section 341 IPC in Simple Words

Section 341 of the Indian Penal Code (IPC) prescribes the punishment for wrongful restraint as defined in Section 339 IPC.

Whoever wrongfully restrains any person is 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.

The offence is cognizable, bailable, triable by any Magistrate, and compoundable under Section 320(1) CrPC without the permission of the court by the person restrained.

Ingredients of Section 341 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 did not fall within the Exception to Section 339 IPC regarding the good faith obstruction of a private way over land or water

Punishment Under Section 341 IPC

Imprisonment

Simple imprisonment for a term which may extend to one month, or fine, or both.

Fine

Fine which may extend to five hundred rupees, alone or with imprisonment.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Wrongful restraint is punishable with simple imprisonment for up to one month, or with fine of up to five hundred rupees, or with both.

Example of Section 341 IPC

In August 2021, at a municipal building in Guwahati, shopkeeper Bhaskar stacked wooden crates across the public staircase and stood before them to stop lecturer Ananya from walking up to the first-floor reading hall. Ananya had a lawful right to ascend the staircase, and Bhaskar did not believe in good faith that he held any right to close the steps. Although Ananya remained free to turn back, Bhaskar voluntarily obstructed her and prevented her from proceeding where she had a right to proceed, thereby wrongfully restraining her. Bhaskar is punishable under Section 341 IPC.

When Section 341 IPC Does Not Apply

  • Section 341 IPC does not apply when the accused did not intentionally or voluntarily create the obstruction.
  • Section 341 IPC does not apply when the complainant had no lawful right to travel along the path that was blocked.
  • Section 341 IPC does not apply when the obstruction was placed across a private way over land or water that the accused in good faith believed he had a lawful right to block.
  • Section 341 IPC does not apply when the complainant was able to pass and was not actually stopped from proceeding in that direction.

Section 341 IPC in the BNS

Section 341 IPC is now covered under Section 126(2) BNS.

Section 341 IPC is succeeded by Section 126(2) BNS. Under the Bharatiya Nyaya Sanhita, wrongful restraint is codified under Section 126(2) 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.

View detailed comparison (IPC 341 vs BNS 126(2)) →

FAQs on Section 341 IPC

What is the punishment under Section 341 IPC?▼

Whoever commits wrongful restraint is 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.

Is an offence under Section 341 IPC cognizable and bailable?▼

Yes, an offence under Section 341 IPC is classified as cognizable and bailable under the First Schedule to the CrPC.

Which court is competent to try an offence under Section 341 IPC?▼

An offence under Section 341 IPC is triable by any Magistrate.

Is Section 341 IPC compoundable?▼

Yes, Section 341 IPC is compoundable under Section 320(1) CrPC without the permission of the court by the person restrained.

What type of imprisonment is awarded under Section 341 IPC?▼

The statute specifically prescribes simple imprisonment, not rigorous imprisonment.

How does wrongful restraint under Section 341 IPC differ from wrongful confinement under Section 342 IPC?▼

Wrongful restraint under Section 341 IPC involves blocking movement in a specific direction where the victim has a right to proceed, whereas wrongful confinement under Section 342 IPC encloses the victim within circumscribed boundaries in all directions.

Does Section 341 IPC apply if an alternative route was available to the person?▼

If the person was obstructed from proceeding in a specific direction where that person had a legal right to proceed, the offence is made out even if the person was free to turn back or proceed in an alternative direction.

What is the corresponding provision for Section 341 IPC in the Bharatiya Nyaya Sanhita?▼

Section 341 IPC corresponds to Section 126(2) BNS, where the maximum fine is increased to five thousand rupees.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·