Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 126: Wrongful restraint
- (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.
Brief Detail
BNS Section 126 addresses wrongful restraint, which involves obstructing someone's movement in a direction where they have a right to proceed. The section outlines that if a person is prevented from proceeding in any direction they are legally entitled to go, the act is considered wrongful restraint. The penalty for wrongful restraint is simple imprisonment for up to one month or a fine up to five thousand rupees, or both.
Question & Answers
Q1: What constitutes wrongful restraint under BNS Section 126?
A1: Wrongful restraint occurs when a person voluntarily obstructs another person from proceeding in any direction where they have a right to go. The obstruction is considered wrongful if the obstructing person does not believe in good faith that they have a lawful right to do so.
Q2: What is the penalty for wrongful restraint under BNS Section 126?
A2: The penalty for wrongful restraint can be simple imprisonment for up to one month, or a fine up to five thousand rupees, or both.
Q3: What is the exception to wrongful restraint as per BNS Section 126?
A3: The exception to wrongful restraint is when a person obstructs a private way over land or water that they believe in good faith to have a lawful right to obstruct. In such cases, the act is not considered an offence under this section.
Q4: Can wrongful restraint be applied if the obstructing person believes they have a lawful right?
A4: No, wrongful restraint is not considered an offence if the person obstructing the way believes in good faith that they have a lawful right to do so.
Example
Scenario 1: A blocks a public path without any legal justification, preventing Z from passing through. A is guilty of wrongful restraint.
Scenario 2: A obstructs a private path, believing in good faith that they have the right to do so. Since A acted in good faith, this obstruction is not considered wrongful restraint.
Summary
BNS Section 126 defines wrongful restraint as the act of obstructing someone's movement in a direction they are legally entitled to proceed. It includes a specific exception for situations where the obstruction is done in good faith with the belief of having a lawful right. The penalties for wrongful restraint include up to one month of imprisonment or a fine of up to five thousand rupees, or both.
