Wrongful restraint
What this section does
Defines wrongful restraint as voluntarily obstructing a person from proceeding in a direction they have a right to proceed, and prescribes punishment for it. A good-faith belief in a lawful right to obstruct a private way is excepted.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Simple imprisonment up to 1 month, or fine up to ₹5,000, or both.
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- Yes
Ingredients (what prosecution must prove)
- Accused voluntarily obstructed any person
- The obstruction prevented that person from proceeding in a direction they had a right to proceed
- The accused did not in good faith believe they had a lawful right to obstruct (exception does not apply)
Practitioner note
Sub-section (1) is definitional; sub-section (2) prescribes the punishment. The exception for good-faith obstruction of a private way is important in property-dispute contexts.
- IPC Section 341 — Wrongful restraint
Read the official text
For the binding statutory text of BNS Section 126, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 126 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.