Section 135 – Bharatiya Nyaya Sanhita (BNS) – Assault Or Criminal Force In Attempt To Wrongfully Confine A Person.

Code: Section 135 BNS 

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.

Explanation of Section 135 BNS

Section 135 of the Bharatiya Nyaya Sanhita (BNS) penalizes the use of assault or force with the intent to wrongfully confine someone.

Key Provisions:

1. Use of Force for Confinement:
   • The accused must have assaulted or used criminal force on a person.
   • The intent must be to wrongfully restrain or confine the victim.
2. Punishment Under the Law:
   • Imprisonment for up to 1 year, or
   • Fine up to ₹5,000, or
   • Both imprisonment and fine.
3. Important Legal Considerations:
   • The actual confinement does not have to take place; even an attempt with assault is punishable.
   • The intention to wrongfully confine the person is a key factor in determining guilt.

Illustrations of Section 135 BNS

Example 1: Forceful Locking of a Person

A locks B inside a room against their will and prevents them from leaving.
👉 A is guilty under Section 135 BNS.

Example 2: Physical Assault to Confine Someone

X pushes Y inside a car and locks the doors to prevent Y from escaping.
👉 X is punishable under this section.

Example 3: Attempted Confinement in a Workplace

A security guard forcefully prevents an employee from leaving the office by physically holding them back.
👉 This act falls under Section 135 BNS.

Common Questions and Answers on Section 135 BNS

1. What is the maximum punishment under Section 135 BNS?

The maximum punishment is one year of imprisonment, a fine of up to ₹5,000, or both.

2. Does the person have to be successfully confined for this section to apply?

No, even an attempt to wrongfully confine someone using assault or criminal force is punishable.

3. How is wrongful confinement different from wrongful restraint?

• Wrongful confinement restricts movement completely (e.g., locking someone in a room).
• Wrongful restraint restricts movement partially (e.g., blocking someone’s path).

4. Can this section be applied to domestic violence cases?

Yes, if force is used to confine a person against their will, it can be charged under Section 135 BNS.

5. How can a victim report an offense under this section?

• File an FIR at the nearest police station.
• Provide evidence such as CCTV footage, eyewitness statements, or medical reports.
• Seek legal assistance if needed.

Conclusion

Section 135 BNS is a crucial legal provision that protects individuals from unlawful confinement. It ensures that no one can use force or assault to restrain another person against their will. The strict penalties act as a deterrent against such offenses.

For more legal insights and guidance on BNS, visit ApniLaw! 🚀