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Section 126 — Wrongful restraint
126
126
Wrongful restraint
Bharatiya Nyaya Sanhita, 2023
Chapter VI Of Offences Affecting The Human Body
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Offence Against PersonFreedom Of MovementMinor Offence
🗣️ Simple Explanation
What does this law say? Section 126 of the Bharatiya Nyaya Sanhita (BNS) explains wrongful restraint. It means a person stops you from going where you have a right to go. This section replaces the old Section of IPC.
Why does this law exist? This law protects your freedom of movement. It ensures people cannot block your path without a good reason. It prevents people from illegally restricting your movement.
Real-life impact Imagine someone blocking a public road. This law helps you if someone prevents you from using a road or path. It ensures you can move freely without unlawful obstruction. It protects your right to go where you need to go.
What happens if you break this law? If you wrongfully restrain someone, you can be sent to jail for up to one month. You may also have to pay a fine of up to five thousand rupees, or both. The police can arrest you without a warrant.
⚖️ Punishment

Imprisonment up to one month, or fine up to five thousand rupees, or both.

💡 Real Life Example

Rahul blocks a gate, stopping Priya from entering her house. He does this because of a dispute. Rahul is wrongfully restraining Priya. Legal consequence: Rahul can be arrested and face a jail term or fine.

Amit puts his car in front of Sneha's car, preventing her from leaving the parking lot. He does this because he is angry. Legal consequence: Amit is wrongfully restraining Sneha and can be punished.

🛡️ KNOW YOUR RIGHTS
  • •Report the obstruction to the police immediately.
  • •Gather evidence like photos or videos of the obstruction.
  • •Seek legal advice from a lawyer.
  • •Remember, you have the right to legal aid if you cannot afford a lawyer (Article 39A).
❓ FREQUENTLY ASKED QUESTIONS
Section 126 of BNS deals with wrongful restraint. It means stopping someone from going where they have a right to go. This includes blocking roads or paths. The law protects your freedom of movement. It ensures people cannot block your path without a good reason. This section replaces the old Section of IPC.
The punishment for wrongful restraint is simple imprisonment for up to one month. You may also have to pay a fine of up to five thousand rupees, or both. The police can arrest you without a warrant. This means they can arrest you without getting permission from a judge first. This section replaces the old Section of IPC.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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