What is the BNS Section 126 equivalent in the old IPC?

BNS Section 126 directly corresponds to legacy IPC Section 339. It consolidates the statutory definition and updated penalties under the Bharatiya Nyaya Sanhita 2023.

Is Section 126 BNS bailable or non-bailable?

Section 126 BNS is classified as: Bailable (Bail is a legal right — granted at police station). In bailable matters, bail is a matter of statutory right before the police or magistrate, whereas in non-bailable offences, bail is at judicial discretion under BNSS.

What is the punishment and imprisonment under BNS Section 126?

The prescribed statutory penalty under Section 126 BNS is: Simple imprisonment forperson.1 month, or fine of 5,000 rupees, or both. Sentences are subject to judicial trial assessment and aggravating/mitigating circumstances.

Is an offence under Section 126 BNS cognizable (arrest without warrant)?

The offence under Section 126 BNS is: Cognizable (Police can arrest without warrant). In cognizable offences, police officers have the authority to register an FIR and initiate an investigation directly.

Which court has jurisdiction to try cases under Section 126 BNS?

Cases under Section 126 BNS are triable by: Any Magistrate under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

What is the primary objective and citizen takeaway of Section 126 BNS?

Section 126 BNS deals with '(1) Wrongful restraint'. It establishes clear criminal liability, modern evidentiary thresholds, and proportionality in sentencing under India's modernized penal framework.

BNS Section 126

BNS Section 126: (1) Wrongful restraint

Equivalent Legacy Law: IPC Section 339

💡 Simplified Explanation

BNS Section 126 deals with the legal rules and penalties for WRONGFUL RESTRAINT. In simple terms: Preventing a person from moving in a direction they have a legal right to go.

Real-World Scenario

"Standing in front of someone's bicycle path and refusing to let them pass on a public road."

⚖️ Procedural Classification Summary

Wrongfully restraining any

Bailable: Bailable (Bail is a legal right — granted at police station)

Cognizable: Cognizable (Police can arrest without warrant)

Triable by: Any Magistrate

Punishment: Simple imprisonment forperson.1 month, or fine of 5,000 rupees, or both

📜 Official Statutory Provision

IPC section is included as a subsection in BNS. 126 (2) Punishment for Wrongful restraint. 341 IPC section is included as a sub-section in BNS, sans heading. Fine is increased from five hundred rupees to five thousand rupees.

Bail Status Guide Is Section 126 Bailable? → Sentencing Guide Jail Term & Fine Details →