Section 135 of BNS 2023: Penalties for Assault During Attempted Confinement

Overview

Section 135 of BNS 2023 addresses the offense of assault or the use of criminal force during an attempt to wrongfully confine a person. It specifies the penalties for such actions, emphasizing the protection of individual freedom and safety.

Punishment

Under Section 135, the punishment for assaulting or using criminal force during an attempt to wrongfully confine includes:

  • Imprisonment for up to one year
  • Fine up to ₹5,000
  • Both imprisonment and fine

Key Elements

  • Assault or Criminal Force: The act involves assault or the use of criminal force.
  • Attempt to Wrongfully Confine: The assault occurs during an attempt to wrongfully confine the victim.
  • Unlawful Confinement: The confinement attempt must be wrongful, without legal justification.

Examples

  1. Restraining a Person: A person assaults someone to prevent them from leaving a room, intending to wrongfully confine them. This act is punishable under Section 135.
  2. Using Force to Detain: A person uses criminal force to detain another person against their will in a specific location. This falls under this section.
  3. Blocking Exit: A person blocks an exit and uses force to prevent someone from escaping, intending to confine them wrongfully. This is covered by Section 135.

Historical Context

The protection of individual freedom from wrongful confinement has been a significant concern in legal systems. The Indian Penal Code (IPC) initially provided the foundation for such protections, which have been updated in BNS 2023 to address contemporary issues related to personal liberty and safety.

Legislative Intent

The legislative intent behind Section 135 of BNS 2023 is to deter wrongful confinement by imposing clear penalties for assaults occurring during such attempts. By specifying the punishments, the law aims to protect individuals from being wrongfully confined and to uphold personal liberty and safety.

Conclusion

Section 135 of BNS 2023 is essential for addressing offenses involving assault during attempted wrongful confinement. By outlining clear punishments, it ensures protection against such acts, promoting safety and deterring wrongful behavior.


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