IPC Section 357 and BNS Section 135: Assault in Attempt to Wrongfully Confine
Section 357 of the Indian Penal Code, 1860 (IPC) addressed assault or criminal force used while attempting to wrongfully confine another person. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 135, in force from 1 July 2024. The maximum imprisonment remains one year, while the maximum fine has increased from Rs. 1,000 to Rs. 5,000.
Current law: Section 135 of the Bharatiya Nyaya Sanhita, 2023
Section 135 applies when a person assaults or uses criminal force against another person while attempting to wrongfully confine that person. It provides imprisonment of either description for a term extending to one year, or a fine extending to five thousand rupees, or both.
See the official BNS provisions published by the National Crime Records Bureau and the BNSS First Schedule.
Historical provision: IPC Section 357
The former IPC Section 357 provided that whoever assaults or uses criminal force against any person in attempting wrongfully to confine that person is punishable with imprisonment of either description for up to one year, or a fine up to one thousand rupees, or both. This historical wording is retained here for reference to acts governed by the IPC.
Meaning of important legal terms
Assault
Under BNS Section 130 (formerly IPC Section 351), an assault generally involves a gesture or preparation made with the intention or knowledge that it is likely to cause a person present to apprehend the imminent use of criminal force. Mere words alone do not constitute assault, although words can give meaning to gestures or preparations.
Criminal force
BNS Section 129 (formerly IPC Section 350) addresses the intentional use of force against a person without consent in circumstances specified by law, including to commit an offence or to cause or knowingly risk injury, fear or annoyance.
Wrongful confinement
BNS Section 127 (formerly IPC Section 340) concerns wrongfully restraining a person so as to prevent that person from proceeding beyond certain circumscribing limits. It differs from wrongful restraint, which concerns obstruction of movement in a direction in which the person has a right to proceed.
Attempt to wrongfully confine
Section 135 targets the assault or criminal force used in the course of an attempt to wrongfully confine a person. Actual completed confinement is not required for this particular offence, but the necessary facts must establish the attempted confinement and the associated assault or force.
Essential ingredients of the offence
- An assault or use of criminal force against another person.
- The conduct takes place while attempting to wrongfully confine that person.
- The facts support the requisite intention and connection between the assault or force and the attempted confinement.
IPC Section 357 versus BNS Section 135: punishment
| Provision | Maximum imprisonment | Maximum fine |
|---|---|---|
| IPC Section 357 (historical) | 1 year, either description | Rs. 1,000 |
| BNS Section 135 (current) | 1 year, either description | Rs. 5,000 |
Under each provision, the court may impose imprisonment, a fine, or both, as provided by the applicable law.
Cognizability, bail and trial
The First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies an offence under BNS Section 135 as cognizable and bailable, triable by any Magistrate. Cognizable means police may investigate without first obtaining a Magistrate's order, subject to applicable procedure. Bailable means the accused has a statutory right to bail upon compliance with legal requirements.
Illustrative situations
Example 1: A person forcibly pushes another toward a locked room while trying to shut the door to prevent departure. Depending on the evidence, this may constitute criminal force in an attempt to wrongfully confine.
Example 2: A person raises a stick threatening an immediate blow to force someone into a confined area. The gestures, accompanying words and attempted confinement may be relevant to an allegation of assault under Section 135.
Example 3: A verbal disagreement without assault or criminal force does not, by itself, satisfy the specific requirements of Section 135.
Difference from completed wrongful confinement
BNS Section 127 concerns wrongful confinement itself and its aggravated forms. BNS Section 135 specifically concerns assault or criminal force used while attempting wrongful confinement. Depending on what occurred, other provisions may also be relevant; charging decisions depend on the evidence.
Which law applies to older incidents?
The BNS came into force on 1 July 2024. The applicable substantive offence generally depends on when the alleged conduct occurred, with repeal and savings provisions preserving legal consequences for earlier conduct. The IPC may therefore remain relevant to incidents predating commencement of the BNS.
Frequently asked questions
What is IPC Section 357?
IPC Section 357 punished assault or criminal force used in an attempt to wrongfully confine a person. For offences under the current law, the corresponding provision is BNS Section 135.
What is the punishment under BNS Section 135?
Imprisonment of either description for up to one year, or a fine up to Rs. 5,000, or both.
Is BNS Section 135 bailable?
Under the First Schedule to the BNSS, the offence is cognizable and bailable, and is triable by any Magistrate.
Is completed confinement required?
No. Section 135 concerns assault or criminal force in the attempt to wrongfully confine someone. The prosecution must prove the relevant assault or force and its connection with the attempted confinement.
Official legal sources
Consult the India Code portal, the NCRB BNS text, and the official BNSS First Schedule for the authoritative legal provisions and procedural classification.
This article provides general legal information and does not substitute for advice on a particular case. Check amendments and local procedural requirements before relying on a provision.