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Section 135 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 using assault or criminal force in an attempt to wrongfully confine an individual.

Definition of BNS Section 135

Section 135 of the BNS 2023 States:
Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that 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.

Explanation and Illustration of BNS Section 135

Section 135 of the Bharatiya Nyaya Sanhita, 2023, addresses assault or criminal force against a public servant to prevent them from performing their duties. This section penalises anyone who uses force, violence, or intimidation to stop a public servant from starting or continuing their lawful duty. It ensures public servants can carry out their responsibilities without undue obstruction or harm.

Illustration
Person A notices a municipal worker (Person B) demolishing an illegal structure. To prevent the demolition, Person A forcibly shoves Person B and threatens further harm. By using criminal force to prevent Person B from performing their duty, Person A becomes liable under Section 135 of the BNS, 2023.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in Section 135

  • Purpose: Section 135 protects personal freedom by criminalising acts that unlawfully restrict a person’s movement, ensuring the right to personal liberty
  • Assault: Involves intentionally creating fear of imminent harm through actions or gestures that provoke violence or threat
  • Criminal Force: Refers to physical actions used to harm, intimidate, or unlawfully confine someone
  • Wrongful Confinement: Addresses the use of force to unlawfully restrict someone's movement or imprison them without consent or legal justification
  • Punishment: Penalties include up to one year of imprisonment, a fine up to ₹5,000, or both, depending on the severity of the offense.
    1. Differences Between Section 135 of BNS and its Equivalent IPC Section

      This section outlines the key differences between Section 135 of BNS and its equivalent IPC section 357 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

      BNS Sections/ SubsectionsSubject IPC Sections Summary of comparison
      135 Assault or criminal force in attempt to wrongfully confine a person. 357 Fine is increased from one thousand to five thousand rupees.

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      FAQs about Section 135 of the Bharatiya Nyaya Sanhita (BNS)

      Wrongful confinement occurs when a person uses force or assault to unlawfully restrict someone’s movement or freedom, without legal justification. It involves holding someone in a space against their will, violating their personal liberty​
      Yes, if a person uses force to temporarily confine someone, such as locking them in a room or preventing them from leaving, Section 135 can still apply. The key factor is the intention to unlawfully restrict movement​
      Yes, lawful confinement, such as detention by law enforcement with proper authority, is not covered by this section. The law targets unlawful restrictions of movement without legal justification​
      Offenders found guilty under Section 135 may face imprisonment for up to one year, a fine of up to ₹5,000, or both. The punishment depends on the severity of the offense and the circumstances surrounding it​
      Yes, while both involve physical acts, assault refers to actions that create fear of harm, whereas criminal force involves actual physical contact with the intent to harm, intimidate, or confine unlawfully​
      No, physical harm is not required for the law to apply. The act of creating fear of harm or using force to restrict movement, even without injury, is enough to invoke the provisions of Section 135​
      Section 135 protects the fundamental right to personal liberty by criminalizing any act that unlawfully restricts an individual’s movement. It ensures that people are not subjected to wrongful confinement without due process​.
       section 135 of bns

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