OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT
S.126 BNS / S.339 IPC WRONGFUL RESTRAINT
1. Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
EXCEPTION: —
The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
ILLUSTRATION
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
2. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.
Q. What is the difference between wrongful restraint and wrongful confinement?
a. No difference
b. Difference in gender
c. Difference in age of the victim
d. None of the above.
Ans. (d)
Q. ‘A’ has taken a house on rent from 'B'. 'A' has gone out after closing the house. 'B'puts his own lock on the premises in A's absence. This is:
a. No offence at all
b. wrongful confinement
c. wrongful restraint
d. trespass
Ans. (c)
S.127 BNS / S.340 IPC WRONGFUL CONFINMENT
1. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.
ILLUSTRATIONS
a. A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
b. A places man with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
2. Whoever wrongfully confines any 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.
3. Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
4. Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees.
5. Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine.
6. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.
7. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
8. Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Q. A places men with firearms at the outlets of a building and tells B that they will fire at B if B attempts to leave the building. What is the offence committed by A as against B:
a. Wrongful restraint
b. Wrongful confinement
c. Refusal to leave the place
d. None of the above
Ans.(b)
Q. Wrongful confinement has been defined under:
a. Section 126 of BNS
b. Section 127 of BNS
c. Section 128 of BNS
d. None of these
Ans. (b)
OF CRIMINAL FORCE AND ASSAULT
S.128 BNS / S.349 IPC FORCE
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling:
Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following three ways, namely:––
a. by his own bodily power;
b. by disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person;
c. by inducing any animal to move, to change its motion, or to cease to move.
Q. If a person spits on the face of another person, he shall be guilty of:
a. Assault
b. Battery
c. Use of force
d. Both (a) and (b)
Ans. (c)
Q. The act of use of force by one person to another, has been described in:
a. Section 128 of BNS
b. Section 129 of BNS
c. Section 130 of BNS
d. Section 138 of BNS
Ans. (a)
S.129 BNS / S.350 IPC -- CRIMINAL FORCE
Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
ILLUSTRATIONS
a. Z is sitting in a moored boat on a river. A unfastens the moorings, and Thus, intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.
b. Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.
c. Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an offence. A has used criminal force to Z.
d. A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
e. A throw a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or / that it will strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produces the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.
f. A intentionally pulls up a Woman’s veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.
g. Z is bathing. A pour into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.
h. A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.
Q. 'A' incites his dog to spring upon 'B' without ‘B's consent. 'A' is guilty of:
a. Assault
b. Criminal intimidation
c. Criminal force
d. Grievous hurt
Ans. (c)
Q. Which one of the following is not an illustration of criminal force?
a. A spits over B
b. A removes the veil of a lady B causing annoyance to her
c. A shakes his fist at B
d. A pours boiling water in the bucket from which B was bathing
Ans. (c)
Q. Ramesh intentionally pulls up a woman's veil, without her consent intending or knowing it to be likely that he may thereby injury, frighten or annoy her. He has committed the offence of:
a. Criminal assault
b. Criminal force
c. A moral offence
d. None of the above
Ans.(b)
S.130 BNS / S.351 IPC ASSAULT
Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
EXPLANATION: —
Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault.
ILLUSTRATIONS
a. A Shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.
b. A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
c. A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault.
Q. 'A' intentionally pulls up a woman's veil without her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her. 'A' is guilty of:
a. Molestation
b. Force
c. Criminal force
d. Assault
Ans. (c)
Q. Assault can be caused by:
a. Gestures
b. Preparations
c. Both (a) & (b)
d. Neither (a) nor (b)
Ans. (c)
Q. 'A' shakes his fist at 'Z', intending or knowing it to be likely that he may thereby cause 'Z' to believe that 'A' is about to strike 'Z'. 'A' has committed:
a. use of criminal force
b. no offence
c. an assault
d. an attempt to cause hurt
Ans. (c)
S.131 BNS / S.352 IPC PUNISHMENT FOR ASSAULT OR CRIMINAL FORCE OTHERWISE THAN ON GRAVE PROVOCATION.
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
EXPLANATION 1: —
Grave and sudden provocation will not mitigate the punishment for an offence under this section,
a. if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or
b. if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or
c. if the provocation is given by anything done in the lawful exercise of the right of private defence.
EXPLANATION 2: -
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
S.132 BNS / S.353 IPC ASSAULT OR CRIMINAL FORCE TO DETER PUBLIC SERVANT FROM DISCHARGE OF HIS DUTY.
Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
S.133 BNS / S.355 IPC ASSAULT OR CRIMINAL FORCE WITH INTENT TO DISHONOR PERSON, OTHERWISE THAN ON GRAVE PROVOCATION.
Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
S.134 BNS / S.356 IPC ASSAULT OR CRIMINAL FORCE IN ATTEMPT TO COMMIT THEFT OF PROPERTY CARRIED BY A PERSON.
Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
S.135 BNS / S.357 IPC ASSAULT OR CRIMINAL FORCE IN ATTEMPT WRONGFULLY TO 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.
S.136 BNS / S.358 IPC ASSAULT OR CRIMINAL FORCE ON GRAVE PROVOCATION
Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
EXPLANATION: —
This section is subject to the same explanation as section 131.
OF KIDNAPPING, ABDUCTION, SLAVERY AND FORCED LABOUR
S.137 BNS / S.359 IPC KIDNAPPING
1. Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship–
a. whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India;
b. whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.
EXPLANATION: –
The words “lawful guardian” in this clause include any person lawfully entrusted with the care or custody of such child or other person
EXCEPTION: —
This clause does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child below the age of eighteen years, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
2. Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
S.138 BNS / S.362 IPC ABDUCTION
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
S.139 BNS / S.363A IPC KIDNAPPING OR MAIMING A CHILD FOR PURPOSES OF BEGGING.
1. Whoever kidnaps any child or, not being the lawful guardian of such child, obtains the custody of the child, in order that such child may be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
2. Whoever maims any child in order that such child may be employed or used for the purposes of begging shall be punishable with imprisonment which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine.
3. Where any person, not being the lawful guardian of a child employs or uses such child for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of such child in order that such child might be employed or used for the purposes of begging.
4. In this section “begging” means—
i. Soliciting or receiving alms in a public place, whether under the pretense of singing, dancing, future-telling, performing tricks or selling articles or otherwise;
ii. entering on any private premises for the purpose of soliciting or receiving alms;
iii. exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
iv. using such child’s an exhibit for the purpose of soliciting or receiving alms.
S.140 BNS / S.364A IPC KIDNAPPING OR ABDUCTING IN ORDER TO MURDER OR FOR RANSOM ETC.
1. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
ILLUSTRATIONS
a. A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
b. A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
2. Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.
3. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
4. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
S.141 BNS / S.366B IPC IMPORTATION OF GIRL OR BOY FROM FOREIGN COUNTRY
Whoever imports into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
S.142 BNS / S.368 IPC WRONGFULLY CONCEALING OR KEEPING IN CONFINEMENT, KIDNAPPED OR ABDUCTED PERSON
Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.
S.143 BNS / S.370 IPC TRAFFICKING OF PERSON
1. Whoever, for the purpose of exploitation, recruits, transports, harbours, transfers, or receives, a person or persons, by—
a. using threats; or
b. using force, or any other form of coercion; or
c. by abduction; or.
d. by practicing fraud, or deception; or
e. by abuse of power; or
f. by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.
EXPLANATION 1: —
The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs.
EXPLANATION 2: —
The consent of the victim is immaterial in determination of the offence of trafficking.
2. Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
3. Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
4 Where the offence involves the trafficking of a child, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
5. Where the offence involves the trafficking of more than one child, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
6. If a person is convicted of the offence of trafficking of a child on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
7. When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.