● Retained in BNS
Wrongful restraint -- voluntarily obstructing someone from proceeding in a direction they have a right to go -- is a minor offence. BNS Section 126(2) keeps the same term of imprisonment as the IPC but raises the maximum fine tenfold.
Section 341 IPC punished wrongful restraint — voluntarily obstructing a person so as to prevent them from proceeding in any direction they have a right to proceed — with simple imprisonment up to 1 month, or fine up to ₹500, or both.
BNS Section 126(2) retains the offence with simple imprisonment up to 1 month, or fine up to ₹5,000, or both.
Substance retained; renumbered to BNS 126(2) with the maximum fine increased from ₹500 to ₹5,000.
Simple imprisonment up to 1 month, or fine up to Rs 5,000 (up from Rs 500 under the IPC), or both..
IPC 341 is bailable..
This is a non-cognizable. offence.
Compoundable..
Matters under IPC 341 are tried before the Any Magistrate..
Common defences include that the obstruction was to a path the complainant had no legal right to use, that the accused acted in exercise of a private right (such as blocking encroachment on their own property), and absence of intent to obstruct.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons