BNS Section 127 : Wrongful Confinement
Section 127 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of wrongful confinement, a legal provision designed to protect personal liberty. This section criminalises the act of unlawfully restricting a person's freedom of movement by confining them within certain boundaries without legal justification.
Definition of BNS Section 127
Section 127 of the BNS 2023 States:
(1) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Illustrations.
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall.A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
(2) Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Act endangering life or personal safety of others. Wrongful restraint. Wrongful confinement. Sec. 1
(3) Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
(4) Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees.
(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine.
(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.
(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation and Illustration of BNS Section 127
Section 127 addresses the unlawful restraint of a person’s freedom, categorising it as wrongful confinement when a person is deliberately prevented from moving freely within an area.
Illustrations:
Illustration 1: A person locks another inside a room or a walled area, preventing them from leaving. In this case, the restrained person is physically trapped within the boundaries of the space, constituting wrongful confinement
Illustration 2: A person stations armed guards at all exits of a building and threatens harm if the confined person attempts to leave. This scenario also falls under wrongful confinement because the confined person’s movement is restricted by forceful means.
Punishment Based on Duration and Intent:
Short-term Confinement: If the confinement is less than three days, the punishment could be up to one year in prison or a fine
Long-term Confinement: If the person is confined for more than ten days, the punishment increases, with imprisonment up to five years and a significant fine
Intent to Extort or Coerce: If the confinement is done to extort property, force a confession, or prevent others from knowing about the confinement, the penalties are heightened to reflect the malicious intent behind the act.
These provisions aim to protect personal freedom and ensure that individuals cannot be unlawfully detained or coerced for any purpose, whether it’s for extortion, forcing confessions, or other unlawful activities.
Key Points in Section 127
'Wrongful confinement' refers to the act of unlawfully restraining a person in such a manner that prevents them from moving freely beyond specified boundaries. In essence, it restricts an individual’s ability to move as they wish.
- Nature of Restraint:
Restraint can be physical, such as forcefully holding someone, or through other means that hinder a person’s freedom of movement. The key element is that the confinement is unlawful or lacks legal justification. - Circumscribed Limits:
The term 'circumscribed limits' suggests that the confinement is not absolute but rather confined to specific, defined boundaries. This could include restricting someone to a room, building, or other designated area. - Intent:
Wrongful confinement usually involves an intention to restrict someone’s movement against their will, reflecting the perpetrator's purpose to unlawfully limit the individual’s freedom. - Legal Implications:
Wrongful confinement is recognized as a criminal offense under the BNS, safeguarding personal liberty and autonomy. The law acknowledges the right to personal freedom and imposes penalties for violations. - Consequences of Wrongful Confinement:
The victim of wrongful confinement may seek legal recourse. Depending on the nature of the confinement and the surrounding circumstances, the perpetrator may face criminal charges, including imprisonment and fines. - Distinction from Other Offenses:
It is crucial to distinguish wrongful confinement from related offenses like kidnapping or unlawful detention. While wrongful confinement focuses on restricting movement within certain limits, kidnapping involves forcibly transporting or detaining someone against their will.
Differences Between Section 127 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 127 of BNS and its equivalent IPC section 340 to 348 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law. Here is the revised table where the BNS sections are listed under each point, as per your request:
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 127(1) | Wrongful confinement | 340 | IPC section included as a subsection in BNS. |
| 127(2) | Punishment for wrongful confinement | 342 | Fine increased from ₹1,000 to ₹5,000. |
| 127(3) | Wrongful confinement for three or more days | 343 | Imprisonment increased from 2 years to 3 years. Fine extended to ₹10,000. |
| 127(4) | Wrongful confinement for ten or more days | 344 | Imprisonment increased from 3 years to 5 years. Minimum fine of ₹10,000 stipulated. |
| 127(5) | Wrongful confinement of person for whose liberation writ has been issued | 345 | Fine added. |
| 127(6) | Wrongful confinement in secret | 346 | Imprisonment increased from 2 to 3 years. Fine added. |
| 127(7) | Wrongful confinement to extort property, or constrain to illegal act | 347 | No change, IPC section included as a sub-section in BNS. |
| 127(8) | Wrongful confinement to extort confession, or compel restoration of property | 348 | No change, IPC section included as a sub-section in BNS. |
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FAQs about Section 127 of the Bharatiya Nyaya Sanhita (BNS)
What happens if the wrongful confinement is done secretly?
If the confinement is done with the intention that others, including public servants, are unaware of it, the punishment can be up to three years of imprisonment
Can wrongful confinement be related to extortion?
Yes, wrongful confinement for the purpose of extorting money or valuables can lead to imprisonment up to three years, along with fines
Does the law address wrongful confinement for coercing confessions?
Yes, wrongful confinement used to force confessions or gather information related to crimes can result in up to three years in prison
What if wrongful confinement is used to recover property or valuable securities?
The punishment remains up to three years of imprisonment and a fine if wrongful confinement is used to recover or restore property
Are there any differences in penalties for different types of wrongful confinement?
Yes, penalties vary depending on the duration of the confinement and the nature of the act, with longer confinements attracting harsher penalties
Does the law differentiate between confinement by force or by threats?
Yes, the law covers both physical restraint and situations where threats are used to prevent escape, such as the threat of violence
How does the law treat wrongful confinement for personal gain?
If wrongful confinement is used to force someone to act in a particular way, or to extract something illegally, penalties can include prison sentences and fines
