Bharatiya Nyaya Sanhita: 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.

Simplified Explanation

Section 126 of the Bharatiya Nyaya Sanhita, 2023 addresses the crime of wrongful restraint. It focuses on situations where a person is deliberately prevented from moving freely, particularly when they have a right to move in a certain direction. This section aims to protect an individual’s freedom of movement and prevent any unjustifiable obstruction.

Section 126 – Wrongful Restraint

Subsection (1) – Definition of Wrongful Restraint

This subsection defines what constitutes wrongful restraint. It is described as:

1. Obstruction of a Person’s Movement: A person commits wrongful restraint if they voluntarily obstruct another individual and prevent them from proceeding in a direction where they have a right to go. This could involve blocking a pathway, a road, or any other space where the individual has the lawful right to be or to move.
2. Right to Proceed: The key element here is that the person being obstructed has a right to proceed in a particular direction. For example, if someone is walking along a public road and another person blocks their path, this constitutes wrongful restraint, unless the obstruction is justified by law.
3. Exception: There is an important exception to this rule:
   • If a person believes in good faith that they have a lawful right to obstruct a private way (such as private property or land), and they act on that belief, it will not be considered an offense under this section. For example, if someone stops another person from using a private path because they believe they own the land or have permission to block it, it may not be wrongful restraint if they are acting in good faith.
4. Illustration:
   • If A obstructs a path along which Z has the right to pass, but A does not believe in good faith that they have the right to block the path, then A wrongfully restrains Z by preventing them from passing.

Subsection (2) – Punishment for Wrongful Restraint

This subsection provides the punishment for anyone found guilty of wrongful restraint.

1. Punishment:
   • The person who wrongfully restrains another will be punished with:
     • Simple imprisonment for a term that may extend to one month, or
     • Fine up to five thousand rupees, or
     • Both imprisonment and fine.

Key Points to Remember:

1. Wrongful Restraint Defined: The essence of wrongful restraint is the intentional obstruction of a person’s movement in a direction where they have the right to go. This could include preventing someone from entering their own house, blocking their way in a public place, or restricting their ability to move freely.
2. Good Faith Exception: A person is not guilty of wrongful restraint if they believe in good faith that they have the right to prevent someone from passing, such as in cases involving private property. This exception helps prevent criminal liability when there is a genuine misunderstanding of legal rights.
3. Punishments: The penalties are relatively light compared to other crimes. A person found guilty of wrongful restraint can face up to one month in prison or a fine of up to ₹5,000, or both. However, the offense is still a criminal one, and penalties can be imposed.
4. Freedom of Movement: The law ensures that a person’s right to move freely is protected, making wrongful restraint a punishable act.

Examples of Wrongful Restraint:

• Example 1: A person blocking the entrance to a public building or obstructing someone from walking on a public footpath without any legal right to do so would be guilty of wrongful restraint.
• Example 2: If someone prevents another person from entering their own property without justification (e.g., no legal right to stop them), this would also qualify as wrongful restraint.

This section is designed to safeguard an individual’s freedom of movement, which is a fundamental right, and it ensures that anyone who unlawfully restricts another person’s mobility can be held accountable.