Criminal Law

Section 126 of BNS

The section 126 of BNS speaks about the wrongful restraint and its punishment which are as follows :-

(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.

(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.

Section 126 of the Bharatiya Nyaya Sanhita (BNS), 2023

The section 126 further provides that the obstruction of 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 clause.

Accordingly there is one exception which is as follows :-

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.

Ingredients of Section 126 of BNS, 2023

The section requires :-

(1) Voluntary obstruction of a person.

(2) The obstruction must be such as to prevent that person from proceeding in any direction in which he has a right to proceed. The word 'voluntary' is significant.

It connotes that obstruction should be direct. The obstructions must be a restriction on the normal movement of a person. It should be a physical one. They should have common intention to cause obstruction.

Case Reference : Keki Hormusji Gharda v Mehervan Rustom Irani, (2009) 6 SCC 475

Punishment and Bail Provision for Section 126 of BNS

The punishment and bail provision for section 126 are as follows:-

Section 126(2) of BNS, 2023

(a)     Offence: Wrongfully restraining any person

(b)     Cognizable & Bailable Offence

(c)     Punishment :Simple imprisonment for one month, or fine or 5000 rupees, or both.

An accused can file anticipatory bail application for non-bailable offence and can file regular bail in bailable offence before the Judicial Magistrate.

Obstruction in lawful manner cannot invoke 126 (2) of the BNS, 2023

The slightest unlawful obstruction to the liberty of the subject to go, when and where he likes to go, provided he does so in a lawful manner, cannot be justified, and is punishable under this section.

Case Reference: Saminada Pillai, (1882) 1 Weir 339

Obstruction in the legal pathway comes under Wrongful Restraint

Wrongful restraint means the keeping a man out of a place where he wishes to be, and has a right to be.

If someone obstruct anyone on the legal pathway physically will invoke section 126 of the BNS, 2023

Obstruction in private pathway is not Wrongful Restraint

Where a person obstructs a private pathway claimed by way of a right of easement over his land. He does not commit the offence of wrongful restraint.

Case Reference: Basam Bhowmick, AIR 1963 Cal 3

No Obstruction by Co-sharer of joint Family Property

The right of a co-sharer to enjoy the joint family property is a civil right. Where such right is denied by other co-shares for one reason or another.

The Court said that it should be enforced by taking recourse to remedies available under the civil laws, criminal proceedings cannot be resorted for such purposes.

Case Reference : Rajinder Singh Kathoch vs Chandigarh Admn (2007) 10 SCC 69