BNS Section 127: (1) Wrongful confinement
Equivalent Legacy Law: IPC Section 340
💡 Simplified Explanation
BNS Section 127 deals with the legal rules and penalties for WRONGFUL CONFINEMENT. In simple terms: Preventing a person from leaving a specific bounded area (like locking them in a room).
Real-World Scenario
"Locking your classmate inside a classroom during recess and refusing to unlock the door."
⚖️ Procedural Classification Summary
Wrongfully confining any person
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 1 year, or fine of 5,000 rupees, or both
Wrongfully confining for three or more days
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 3 years, or fine of 10,000 rupees, or both
Wrongfully confining for 10 or more days
Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 5 years and fine of 10,000 rupees
Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 2 years in addition to any term of imprisonment to under any other section, and fine
Wrongful confinement in secret
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 3 years in addition to other punishment which he is liable to and fine
Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 3 years and fine
Wrongful confinement for the purpose of extorting confession or information, or for compelling restoration of property, etc
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 3 years and fine
📜 Official Statutory Provision
IPC section is included as a subsection in BNS. 127 (2) Punishment for Wrongful confinement. 342 IPC section is included as a sub-section in BNS sans heading. Fine is increased from one thousand to five thousand rupees. 127 (3) Wrongful confinement for three or more days. 343 The IPC section is included as a sub-section in the BNS sans heading. Imprisonment is increased from two years to three years, and the fine is extended up to ten thousand rupees. 127 (4) Wrongful confinement for ten or more days. 344 The IPC section is included as a sub-section in the BNS sans heading. Imprisonment is increased from three to five years, and a minimum fine of ten thousand rupees is stipulated. 127 (5) Wrongful confinement of person for whose liberation writ has been issued. 345 IPC section is included as a sub-section in BNS sans heading. Fine is added. 127 (6) Wrongful confinement in secret. 346 IPC section is included as a sub-section in BNS sans heading. Imprisonment is increased from two to three years and fine is added 127 (7) Wrongful confinement to extort property, or constrain to illegal act. 347 No Change except that IPC section is included as a sub-section in BNS. 127 (8) Wrongful confinement to extort confession, or compel restoration of property. 348 IPC section is included as a sub-section in BNS sans heading. No other change.