Wrongful Restraint (BNS-126)

Definition:
Wrongful Restraint refers to the act of intentionally obstructing a person’s movement, preventing them from proceeding in a direction where they have the legal right to go. The obstruction can occur in any direction, and if it prevents the individual from moving freely, it is considered wrongful restraint.

Exception:
If the obstruction occurs on a private way over land or water and the person obstructing genuinely believes they have the lawful right to do so, it is not considered an offence under this section.

Illustrations:

• A obstructs a path along which Z has a legal right to pass, A not believing in good faith that they have the right to stop the path. A wrongfully restrains Z.

Example:

Rakesh prevents Vijay from entering the metro station by blocking the main gate leading up to the station. This constitutes the offence of wrongful restraint.

Key Points:

• Voluntary Act: The obstruction must be intentional, meaning the person restraining must deliberately block the individual’s movement.
• Right to Proceed: The person being restrained must have the legal right to proceed in the direction they wish to move. If they do not have the legal right, the restraint may not be wrongful under this law.
• Direction: The restriction could occur in any direction—forward, backward, or sideways.

Punishment:

The punishment for wrongful restraint may include:

• Simple imprisonment for a term up to one month
• A fine of up to 5,000 rupees
• Both imprisonment and fine may be imposed in some cases.

Legal Implications:

While wrongful restraint is considered a minor offense, it still infringes on a person’s right to free movement and personal liberty. This law aims to protect individuals from unauthorized obstruction of their movement.

Difference from Wrongful Confinement:

Unlike wrongful confinement, which involves restricting a person within specific boundaries, wrongful restraint refers only to preventing movement in one direction.

Summary:

Wrongful Restraint under BNS-126 occurs when a person intentionally prevents someone from moving in a direction where they have the right to proceed. The punishment includes imprisonment for up to one month, a fine up to 5,000 rupees, or both, depending on the circumstances.

Offence Details:

• Offence: Wrongfully restraining a person
• Punishment: Simple imprisonment for up to 1 month, fine of up to 5,000 rupees, or both
• Cognizable or Non-cognizable: Cognizable
• Bailable or Non-bailable: Bailable
• By What Court Triable: Any Magistrate