Section 127 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 127 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of wrongful confinement, which occurs when a person is intentionally restrained or confined in such a manner that they are prevented from proceeding beyond certain boundaries. This provision aims to protect individual liberty and prevent unlawful detention.
📜 Text of Section 127
Section 127. Wrongful Confinement
Definition of Wrongful Confinement
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Illustrations:
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 the wall. A wrongfully confines Z.building and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z
Punishment for Wrongful Confinement
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.
Punishment for Wrongful Confinement for Three Days or More
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.
Punishment for Wrongful Confinement for Ten Days or More
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.
Punishment for Wrongful Confinement After Writ for Liberation
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.
Punishment for Wrongful Confinement in Secret
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.
Punishment for Wrongful Confinement for Extortion
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.
Punishment for Wrongful Confinement for Extorting Confession or Information
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 valuable security 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.
⚖️ Key Points
Definition: Wrongful confinement involves intentionally restraining a person within certain limits, preventing them from moving freely.(
Punishments: The severity of punishment increases with the duration of the confinement. Longer periods of wrongful confinement attract higher penalties.
Special Circumstances: Additional penalties apply if the confinement occurs after a writ for the person's liberation has been issued, if the confinement is secretive, or if the confinement is for purposes such as extortion or obtaining confessions.(prashantkanha.com)
🔄 Comparison with IPC
Section 127 of the BNS, 2023, aligns with Sections 340 to 348 of the Indian Penal Code (IPC), which deal with wrongful confinement. However, the BNS introduces more detailed provisions and higher penalties, reflecting a more comprehensive approach to protecting individual liberty.
🧠 Practical Implications
This provision underscores the importance of personal freedom and the legal consequences of unlawfully restricting an individual's movement. It serves as a deterrent against unlawful detention and ensures that individuals' rights to liberty are upheld.
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