Section 135 BNS: Assault or Criminal Force in Attempt to Wrongfully Confine a Person
Section 135 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with assault or the use of criminal force against a person while attempting to wrongfully confine that person. The provision applies where the assault or criminal force is connected with an attempt to prevent the victim from moving beyond lawful limits.
The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. Its provisions, subject to the separately notified exception concerning section 106(2), came into force on July 1, 2024.
Text of Section 135 of the Bharatiya Nyaya Sanhita, 2023
Section 135 - Assault or criminal force in attempt to wrongfully confine a person.
Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that 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.
Section 135 BNS at a glance
| Law | Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Section | 135 |
| Offence | Assault or criminal force used while attempting to wrongfully confine a person |
| Maximum imprisonment | Imprisonment of either description for up to one year |
| Maximum fine | Up to Rs. 5,000 |
| Alternative punishment | Imprisonment, fine, or both |
Essential ingredients of Section 135 BNS
For Section 135 to apply, the facts should show the following elements:
- There is an assault on a person or criminal force is used against that person.
- The act occurs while the accused is attempting to wrongfully confine that person.
- The assault or criminal force is connected with the attempt to bring about wrongful confinement.
The provision therefore addresses more than a mere attempt to restrict movement. It specifically requires assault or criminal force used in furtherance of the attempt to wrongfully confine the victim.
Meaning of wrongful confinement under the BNS
Section 127 of the BNS defines wrongful confinement. In substance, a person wrongfully confines another when that person is wrongfully restrained in such a manner that he or she is prevented from proceeding beyond certain circumscribing limits.
The distinction is important: wrongful restraint prevents movement in a direction in which a person has a right to proceed, while wrongful confinement restricts the person within defined limits.
Meaning of criminal force under Section 129 BNS
Under Section 129 BNS, criminal force involves intentional use of force against a person without that person's consent, either for committing an offence or with the intention or knowledge that the force is likely to cause injury, fear or annoyance.
Meaning of assault under Section 130 BNS
Under Section 130 BNS, assault broadly involves a gesture or preparation made with the intention or knowledge that it is likely to cause a person present to apprehend that criminal force is about to be used against that person.
Mere words by themselves do not constitute assault, although words may give a gesture or preparation a meaning that makes the conduct amount to assault.
Punishment under Section 135 BNS
A person convicted under Section 135 may be punished with imprisonment of either description for a term extending up to one year, or with a fine extending up to Rs. 5,000, or with both.
How Section 135 operates
Section 135 focuses on the means used during an attempt to wrongfully confine another person. If a person merely blocks movement, other provisions concerning wrongful restraint or wrongful confinement may become relevant. Section 135 specifically applies where assault or criminal force accompanies the attempt to wrongfully confine.
Related BNS provisions
- Section 126 - Wrongful restraint
- Section 127 - Wrongful confinement
- Section 128 - Force
- Section 129 - Criminal force
- Section 130 - Assault
- Section 134 - Assault or criminal force in attempt to commit theft of property carried by a person
- Section 136 - Assault or criminal force on grave provocation
Official legal sources
For authoritative statutory material, refer to the official India Code text of the Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs portal for the new criminal laws.