Section 135 BNS 2023: Assault or Criminal Force in attempt to confine a person

According to Section 135 of the BNS, 2023, any person who assaults another person or uses criminal force with the intention of wrongfully confining them is liable to be punished. Section 135 BNS states that such an offender may be punished with imprisonment for a term extending up to one year, or may be fined up to five thousand rupees, or both. The fine amount has been increased in BNS as compared to the Indian Penal Code. Explore other important Judiciary Notes.

Section 135 BNS

Offence of Assault or Criminal Force in attempt to wrongfully confine a person

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.

Note: “The information provided under Section 135 BNS has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Section 135 BNS Simplified Interpretation

Section 135 of Bharatiya Nyaya Sanhita (BNS) 2023 addresses the offence of assault or criminal force used in an attempt to confine an individual wrongfully. This means the law applies when someone employs physical force or threats (assault or criminal force) with the explicit intention of illegally preventing another person from moving freely or holding them captive against their will without any legal right. 

The key elements of Section 135 BNS include the act of "assault or criminal force," which comprises of both, the physical actions or threats instilling fear of immediate violence, and the "attempt" to wrongfully confine, meaning that even if the person is not ultimately confined or manages to escape, the act of trying to confine them through force is punishable. "Wrongful confinement" itself refers to detaining someone illegally. If a person is found guilty under Section 135 of BNS, the punishment can include imprisonment for up to one year, a fine of up to ₹5,000, or both.

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Section 135 BNS Essential Elements

For an offence to be punishable under Section 135 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

Assault or Criminal Force:

Criminal force and assault are defined under Section 129 and 130 of BNS and these offences primarily mean and include physically attacking, threatening, or using force in a way that causes fear or harm to another person.

Wrongful Confinement:

Use of assault or criminal force while attempting wrongful confinement is an offence under Section 135 of BNS. It involves intentionally and unlawfully restraining a person’s movement, in order to keep them within certain tangible boundaries and is not allowed to leave.

Intention:

Section 135 BNS includes actions that are done deliberately and with the purpose of confining someone. Accidental actions or confinement for lawful reasons like police custody are not covered under Section 135 of BNS.

Attempt:

Section 135 BNS makes the attempt to wrongfully confine a person a punishable offence. Even if the person isn't actually confined, or manages to escape, the act of trying to confine them using force is punishable.

Section 135 BNS essentially retains the core of Section 357 of the Indian Penal Code, with no changes being done in the main definition but fine amount is increased and in BNS 2023 it can extend up to 5000 rupees. 

Section 135 BNS Judicial Interpretation

Section 135 BNS deals with the offence of assault or criminal force in an attempt wrongfully to confine a person, while the elements of this Section (assault, criminal force, and wrongful confinement of a person) are all separate offences that are dealt with in BNS in various other sections, due to its overlap with its own elements, Indian courts tend to focus on these broader sections. 

Section 135 BNS only prescribes the punishment for committing the offence and does not define any of the elements mentioned in the Section. Section 135 of BNS primarily penalizes the criminal force used or an assault done by an aggressor while attempting to confine a person wrongfully. Since section 135 BNS only applies where there is an attempt to confine a person wrongfully, the scope of section 135 of BNS gets narrowed down; therefore, while there are not many note-worthy judgments that primarily deal with section 135 of BNS alone, there are many Landmark Judgments on the elements of this Section.

Conclusion

Section 135 of the Bharatiya Nyaya Sanhita, 2023, addresses the offense of using assault or criminal force in an attempt to wrongfully confine a person. It retains the essence of the former Section 357 of the Indian Penal Code and aims to protect individual liberty by criminalizing not only actual confinement but also attempts to confine through the use of force. Section 135 of BNS reinforces the legal principle that personal freedom and the right to movement cannot be restricted unlawfully, not even attempted.