Section 169 of the Bharatiya Nyaya Sanhita (BNS), 2023
π Summary of Section 169 (BNS), 2023
Section 169 deals with the offence of wrongful restraint, which means preventing someone from moving freely without legal justification.
π Detailed Explanation
What is Wrongful Restraint?
Wrongful restraint occurs when a person intentionally stops or prevents another person from moving or going anywhere they have the right to go.
This could involve blocking, physically holding, or confining the person against their will.
Key Elements of Section 169:
Voluntary act of the offender to restrain someone.
The restraint is without legal authority or justification.
The restrained person is prevented from moving in any direction they are legally entitled to.
π’ Punishment under Section 169
The offender can be punished with imprisonment up to 3 years, or
A fine, or
Both imprisonment and fine.
π Purpose of Section 169
To protect personal liberty and freedom of movement.
To penalize those who unlawfully restrict othersβ freedom.
π§ Example
A person blocks the exit of another in a public place, preventing them from leaving.
Someone forcibly confines another person inside a room without legal right.
Both acts can amount to wrongful restraint under Section 169.
β οΈ Important Note
The restraint must be intentional and unlawful.
If the restraint is legally authorized (e.g., police arrest under lawful procedure), this section does not apply.
β In short:
Section 169 of the BNS, 2023 punishes anyone who unlawfully prevents another person from moving freely, emphasizing protection of individual liberty.
RELATED Blog
0 comments