Wrongful confinement
What this section does
Defines wrongful confinement as restraining a person within circumscribing limits, and prescribes a graduated set of punishments depending on the duration of confinement and the purpose for which it is carried out, including aggravated forms for secret confinement and confinement for extortion.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- S.127(2) – Basic: imprisonment of either description up to 1 year, or fine up to ₹5,000, or both. S.127(3) – 3 or more days: up to 3 years, or fine up to ₹10,000, or both. S.127(4) – 10 or more days: up to 5 years, and mandatory fine not less than ₹10,000. S.127(5) – Confinement despite writ of liberation: up to 2 years additional imprisonment and fine. S.127(6) – Secret confinement: up to 3 years additional imprisonment and fine. S.127(7) – For extortion of property/valuable security or to compel illegal act: up to 3 years and fine. S.127(8) – For extorting confession/information or restoration of property: up to 3 years and fine.
- Triable by
- Magistrate of First Class
- Cognizable
- Depends
- Bailable
- Depends
- Compoundable
- Depends
Ingredients (what prosecution must prove)
- Accused wrongfully restrained any person
- The restraint prevented that person from proceeding beyond certain circumscribing limits (i.e., confinement within a bounded space)
Practitioner note
The section consolidates multiple IPC provisions into a single section with eight sub-sections. The mandatory minimum fine of ₹10,000 applies when confinement extends to 10 or more days. Confinement in defiance of a writ of liberation attracts additional consecutive imprisonment.
- IPC Section 342 — Wrongful confinement
Read the official text
For the binding statutory text of BNS Section 127, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 127 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.