- (1) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding 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 the wall. A wrongfully confines Z.
(b) A places men 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 a 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, 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.
BNS Section 127 deals with the crime of wrongful confinement, which involves unlawfully restraining a person’s movement. The section outlines various forms of wrongful confinement and prescribes penalties based on the duration and circumstances of the confinement. The severity of the punishment increases with the length of the confinement and the purpose behind it, including cases of extortion or evasion of a legal writ.
A1: Wrongful confinement occurs when a person is restrained unlawfully, preventing them from moving beyond certain limits. Examples include locking someone in a space or threatening them to keep them confined.
A2: The penalties vary based on the duration of confinement. For confinement up to one year, the punishment is up to one year of imprisonment or a fine. For confinement of three days or more, it can be up to three years of imprisonment. For ten days or more, the term extends to five years of imprisonment and a fine. Additional penalties apply if a writ for liberation has been issued or if the confinement is intended to prevent discovery or extort property.
A3: If wrongful confinement is used to extort property, valuable security, or confessions, the offender can be punished with imprisonment for up to three years and a fine.
A4: If wrongful confinement continues despite a duly issued writ for the person’s release, the offender may face imprisonment for up to two years in addition to other penalties.
Scenario 1: A locks B inside a room for five days. B is prevented from leaving and eventually suffers physical and emotional distress. A could be punished with up to three years of imprisonment or a fine.
Scenario 2: A wrongfully confines B for ten days without any lawful reason or writ, intending to extort money. A faces up to five years of imprisonment and a fine of at least ten thousand rupees.
BNS Section 127 outlines various forms of wrongful confinement and prescribes penalties based on the duration and purpose of the confinement. The law provides detailed consequences for different scenarios, including extortion, evasion of legal writs, and cases where confinement is intended to avoid detection or cause harm.
Answer By Law4u Team
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