Bharatiya Nyaya Sanhita, 2023 — Section 135

Assault or Criminal Force in Attempt to Wrongfully Confine a Person

Section 135 punishes assaulting or using criminal force against a person while attempting to wrongfully confine that person, with imprisonment up to one year, or fine up to ₹5,000, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 135 to old IPC Section 357, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
135	357	Substantively changed

The offence description and imprisonment term (up to one year) are unchanged. The maximum fine has been increased from one thousand rupees under old IPC Section 357 to five thousand rupees under this section.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 1 year, or fine of 5,000 rupees, or both (the statute itself: imprisonment up to one year, or fine up to five thousand rupees, or both) — cognizable, bailable, and triable by any Magistrate. Compoundable with the permission of the Court, by the person assaulted or to whom the force was used (BNSS Section 359(2)).

Statutory Text (Verbatim)

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that 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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Assault or criminal force during an attempted wrongful confinement

Explanation (Lexovia's Commentary)

This section punishes assault or criminal force used while attempting to wrongfully confine someone — that is, while trying to keep a person within limits they are not permitted to leave, as defined earlier in this Chapter. It applies even where the attempted confinement itself does not succeed, so long as force or assault was used in the course of trying to bring it about.

Illustration (Lexovia's Own Example)

A tries to push B into a locked room to keep B from leaving a building, using force against B in the process, but B breaks free before the door is locked. A is liable under Section 135 for the assault or criminal force used while attempting to wrongfully confine B.

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Related / Cross-Referenced Sections

FAQs

Does the victim have to actually end up confined for this section to apply?

No. The section covers assault or criminal force used while "attempting" wrongful confinement, so it applies even if the confinement attempt itself does not succeed.

How is this different from the wrongful confinement offence itself?

Wrongful confinement is defined and punished separately under Section 127. This section specifically punishes the assault or criminal force used in an attempt to bring about that confinement.

Is this offence bailable?

Per the Quick Reference above, yes — it is cognizable and bailable, triable by any Magistrate.