| Section | Punishment | Cognizable? | Bail | Triable by |
|---|---|---|---|---|
| 126(2) Wrongfully restraining any person. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both | Cognizable | Bailable | Any Magistrate |
Source: First Schedule of the BNSS 2023 (classification of offences)
Section 126 of Bharatiya Nyaya Sanhita (BNS) 2023:Wrongful restraint.
Wrongful restraint.Bharatiya Nyaya Sanhita 2023
(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.