Bharatiya Nyaya Sanhita: Section 135 – Assault or criminal force in attempt to wrongfully confine a person

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.

Simplified Explanation

Section 135 of the Bharatiya Nyaya Sanhita, 2023 deals with assault or criminal force used in attempting to wrongfully confine a person.

Section 135 – Assault or Criminal Force in Attempt to Wrongfully Confine a Person

• Offense: This section makes it an offense if a person:
  • Assaults or uses criminal force against another person,
  • In an attempt to wrongfully confine that person.
• Punishment: The offender shall be punished with:
  • Imprisonment of either description (simple or rigorous) for a term which may extend to one year,
  • Fine, which may extend to five thousand rupees, or
  • Both imprisonment and fine.

Key Points:

• Wrongful Confinement Attempt: The key element is the attempt to wrongfully confine a person, where the use of assault or criminal force is part of trying to prevent the person from moving freely.
• Punishment: The law provides a punishment of up to one year in prison, a fine, or both for using force during the commission of wrongful confinement.

This section underlines the serious nature of using force to attempt to restrict someone’s freedom of movement, regardless of whether the confinement is successful. It seeks to deter violent acts aimed at restricting the liberty of others.