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IPC · Chapter XVI · Of offences affecting the human body

IPC section 341 in the BNS

IPC 341BNS 126(2)

IPC section 341, “Punishment for wrongful restraint”, is now BNS section 126(2) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 341 to BNS 126

Now sub-section (2) of BNS section 126. The maximum fine for wrongful restraint rises from ₹500 to ₹5,000; imprisonment stays at up to one month.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 341 Punishment for wrongful restraint

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 hundred rupees, or with both.

Bharatiya Nyaya Sanhita, 2023

Section 126 Wrongful restraint

The part that carries IPC 341 is marked.

(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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Also in BNS 126

Other IPC sections that went to the same place

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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