Sentencing Guide
BNS Section 127 Punishment Jail Term, Fines & Sentencing Guidelines
BNS Section 127: (1) Wrongful confinement (Legacy IPC Section 340)
Statutory Classification Details
Wrongfully confining any person
- Bailable Status: Bailable (Bail is a legal right — granted at police station)
- Cognizable Status: Cognizable (Police can arrest without warrant)
- Triable Court: Any Magistrate
- Official Punishment: Imprisonment for 1 year, or fine of 5,000 rupees, or both
Wrongfully confining for three or more days
- Bailable Status: Bailable (Bail is a legal right — granted at police station)
- Cognizable Status: Cognizable (Police can arrest without warrant)
- Triable Court: Any Magistrate
- Official Punishment: Imprisonment for 3 years, or fine of 10,000 rupees, or both
Wrongfully confining for 10 or more days
- Bailable Status: Non-bailable (Bail can only be granted by the Judiciary)
- Cognizable Status: Cognizable (Police can arrest without warrant)
- Triable Court: Magistrate of the first class
- Official 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 Status: Bailable (Bail is a legal right — granted at police station)
- Cognizable Status: Cognizable (Police can arrest without warrant)
- Triable Court: Magistrate of the first class
- Official Punishment: Imprisonment for 2 years in addition to any term of imprisonment to under any other section, and fine
Wrongful confinement in secret
- Bailable Status: Bailable (Bail is a legal right — granted at police station)
- Cognizable Status: Cognizable (Police can arrest without warrant)
- Triable Court: Magistrate of the first class
- Official 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 Status: Bailable (Bail is a legal right — granted at police station)
- Cognizable Status: Cognizable (Police can arrest without warrant)
- Triable Court: Any Magistrate
- Official 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 Status: Bailable (Bail is a legal right — granted at police station)
- Cognizable Status: Cognizable (Police can arrest without warrant)
- Triable Court: Any Magistrate
- Official Punishment: Imprisonment for 3 years and fine