Section 127 BNS: Wrongful Confinement
Section 127 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines wrongful confinement and prescribes increasingly serious punishment for aggravated forms of confinement, including confinement for longer periods, secret confinement, confinement despite a liberation writ, and confinement for extortion or obtaining a confession or information.
Section 127(1): Meaning of Wrongful Confinement
A person wrongfully confines another when that person wrongfully restrains the other in such a manner as to prevent the person from proceeding beyond certain circumscribing limits.
Essential Ingredients of Wrongful Confinement
- there must first be wrongful restraint;
- the restraint must prevent the person from proceeding beyond defined or circumscribing limits; and
- the confinement must arise from the accused person's conduct.
Statutory Illustrations
Illustration (a): A causes Z to enter a walled space and locks Z in. Z cannot proceed beyond the enclosing wall. A wrongfully confines Z.
Illustration (b): A places armed men at the exits of a building and tells Z that they will fire if Z attempts to leave. A wrongfully confines Z.
Punishment under Section 127 BNS
| Section 127(2) | Wrongful confinement: imprisonment of either description up to 1 year, or fine up to Rs. 5,000, or both. |
|---|---|
| Section 127(3) | Wrongful confinement for 3 days or more: imprisonment of either description up to 3 years, or fine up to Rs. 10,000, or both. |
| Section 127(4) | Wrongful confinement for 10 days or more: imprisonment of either description up to 5 years and fine of not less than Rs. 10,000. |
| Section 127(5) | Continuing wrongful confinement while knowing that a writ for liberation has been duly issued: imprisonment up to 2 years in addition to imprisonment otherwise applicable under the Chapter, and fine. |
| Section 127(6) | Secret wrongful confinement: imprisonment up to 3 years in addition to any other punishment for the wrongful confinement, and fine. |
| Section 127(7) | Wrongful confinement for extorting property or valuable security, compelling an illegal act, or obtaining information facilitating an offence: imprisonment up to 3 years and fine. |
| Section 127(8) | Wrongful confinement to extort a confession or offence-related information, compel restoration of property or valuable security, satisfy a claim or demand, or obtain information leading to restoration: imprisonment up to 3 years and fine. |
Wrongful Confinement for Three Days or More
Section 127(3) treats confinement lasting three days or more as an aggravated form of the offence. The maximum imprisonment increases to three years, with an alternative fine up to Rs. 10,000, or both.
Wrongful Confinement for Ten Days or More
Section 127(4) applies where wrongful confinement continues for ten days or more. The maximum imprisonment rises to five years, and the offender is also liable to a fine that cannot be less than Rs. 10,000.
Confinement Despite a Writ for Liberation
Section 127(5) applies where a person continues wrongful confinement while knowing that a writ for the liberation of the confined person has been duly issued. The section provides additional imprisonment of up to two years, together with fine, over and above imprisonment to which the offender may otherwise be liable under the Chapter.
Secret Wrongful Confinement
Section 127(6) addresses confinement carried out in a manner indicating an intention that the confinement, or the place of confinement, should remain unknown to a person interested in the confined person or to a public servant. The punishment may extend to three years in addition to other punishment for the wrongful confinement, together with fine.
Confinement for Extorting Property or Compelling an Illegal Act
Section 127(7) covers wrongful confinement for the purpose of extorting property or valuable security from the confined person or an interested person, compelling an illegal act, or obtaining information that may facilitate the commission of an offence. The punishment may extend to three years and fine.
Confinement to Extort Confession or Information
Section 127(8) covers wrongful confinement for extorting a confession or information that may lead to detection of an offence or misconduct. It also covers confinement intended to compel restoration of property or valuable security, satisfy a claim or demand, or obtain information leading to restoration of property or valuable security. The punishment may extend to three years and fine.
Related BNS Provisions
- Section 121 BNS - Hurt or grievous hurt to deter a public servant from duty
- Section 122 BNS - Hurt or grievous hurt on provocation
- Section 123 BNS - Causing hurt by poison, etc., with intent to commit an offence
- Section 124 BNS - Voluntarily causing grievous hurt by use of acid, etc.
- Section 125 BNS - Act endangering life or personal safety of others
- Section 126 BNS - Wrongful restraint
- Section 128 BNS - Force
- Section 129 BNS - Criminal force
- Section 130 BNS - Assault
Official Legal Sources
For the authoritative statutory text and commencement notification, refer to the official Government sources below.
This page provides general legal information. The application of Section 127 depends on the facts, evidence, procedural law and judicial interpretation relevant to the particular case.