IPC § 339 · Indian Penal Code, 1860 · Repealed on 1 July 2024

Section 339 IPC — Wrongful restraint

Replaced from 1 July 2024 by BNS 126 of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.

The law now: BNS 126 — 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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 126 in full

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