(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..
(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 valuablesecurity 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.
Simplified Explanation
Section 127 of the Bharatiya Nyaya Sanhita, 2023 deals with the crime of wrongful confinement, which occurs when a person is intentionally restricted or confined in a manner that prevents them from moving freely within certain boundaries, even when they have the right to do so. This section specifies various types of wrongful confinement and prescribes escalating punishments depending on the severity and duration of the confinement.
Section 127 – Wrongful Confinement
Subsection (1) – Definition of Wrongful Confinement
This subsection defines what constitutes wrongful confinement:
- Wrongful Confinement occurs when a person is restrained in such a way that they are prevented from proceeding beyond certain boundaries. The confinement does not need to be in a closed room or building; it can be any action that restricts the person’s movement within certain limits, even if the person still has access to other spaces within the defined boundary.
- Illustrations:
- Illustration (a): A locks Z in a walled space, and Z is prevented from leaving the area enclosed by the wall. This is wrongful confinement because Z is not allowed to proceed beyond the boundaries of the wall.
- Illustration (b): A places men with firearms at the exits of a building and tells Z that they will be shot if they attempt to leave. Here, the confinement is wrongful because Z is prevented from leaving the building and is effectively confined within it due to the threat of violence.
Subsection (2) – Punishment for Wrongful Confinement
This subsection deals with the general punishment for wrongful confinement:
- Offense: If a person wrongfully confines another, they can be punished with:
- Imprisonment for a term that may extend to one year,
- Fine of up to ₹5,000, or
- Both imprisonment and fine.
Subsection (3) – Punishment for Wrongful Confinement for Three Days or More
This subsection specifies a higher penalty when the wrongful confinement lasts for a longer period:
- Offense: If a person wrongfully confines someone for three days or more, the punishment is:
- Imprisonment for a term that may extend to three years,
- Fine up to ₹10,000, or
- Both imprisonment and fine.
Subsection (4) – Punishment for Wrongful Confinement for Ten Days or More
This subsection escalates the penalty further for wrongful confinement lasting for an even longer duration:
- Offense: If the wrongful confinement lasts for ten days or more, the punishment is:
- Imprisonment for a term that may extend to five years, and
- A fine that must not be less than ₹10,000.
Subsection (5) – Wrongful Confinement After Writ for Liberation
This subsection specifically addresses wrongful confinement in cases where a writ of liberation (a legal order for the person’s release) has been issued.
- Offense: If a person keeps someone in wrongful confinement despite knowing that a writ for their release has been issued, they shall face:
- Imprisonment for a term that may extend to two years, in addition to any term of imprisonment for wrongful confinement, and
- A fine.
Subsection (6) – Wrongful Confinement with the Intent to Conceal the Confined Person
This subsection addresses wrongful confinement intended to conceal the location of the confined person from interested parties or public servants.
- Offense: If the wrongful confinement is done in such a manner that the place of confinement is hidden or not easily discovered by people interested in the confined person, or public authorities, the punishment is:
- Imprisonment for a term that may extend to three years, and
- A fine.
Subsection (7) – Wrongful Confinement for Extortion
This subsection deals with wrongful confinement used as a method of extortion:
- Offense: If someone wrongfully confines another to extort property or valuable securities from them, or to coerce them or someone else to do something illegal or to provide information to help commit a crime, the punishment is:
- Imprisonment for a term that may extend to three years, and
- A fine.
Subsection (8) – Wrongful Confinement for Extorting Confessions or Information
This subsection covers cases where wrongful confinement is used to extract confessions or information:
- Offense: If someone wrongfully confines another person to extract a confession or information related to a crime or misconduct, or to force the return of property, the punishment is:
- Imprisonment for a term that may extend to three years, and
- A fine.
Key Points to Remember:
- Definition of Wrongful Confinement: This crime is defined as preventing someone from leaving a defined space or boundary, thus restricting their freedom of movement.
- Escalating Penalties: The severity of punishment increases based on how long the confinement lasts:
- Up to 1 year imprisonment for a short period of wrongful confinement.
- Up to 3 years imprisonment if the confinement lasts for 3 or more days.
- Up to 5 years imprisonment if the confinement lasts for 10 or more days.
- Other Specific Scenarios:
- If a writ of liberation is ignored or if the confinement is done in such a way that others cannot locate the person, it invites even harsher penalties.
- Wrongful confinement for extortion purposes or to extract confessions or information results in a 3-year imprisonment term and a fine.
- Protection of Personal Liberty: The section aims to protect individuals from any form of unlawful and unjust confinement, recognizing the severity of taking away someone’s freedom.
Examples of Wrongful Confinement:
- Example 1: Locking a person in a room and preventing them from leaving, even if it is for a short period, would be considered wrongful confinement.
- Example 2: Threatening someone with violence if they attempt to leave a building, effectively preventing their exit, also constitutes wrongful confinement.
- Example 3: Detaining someone for several days in order to extort money or information from them, such as for a ransom, falls under this offense.
Wrongful confinement is a serious violation of personal liberty, and this section reflects the law’s emphasis on freedom of movement and protection from unlawful detention.
