IPC 339 → BNS 126(1): Wrongful Restraint

Quick Summary: IPC 339 vs BNS 126(1)

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 339 (Wrongful Restraint) is now mapped to BNS Section 126(1).

What did IPC 339 cover?

IPC 339 dealt with wrongful restraint — definition of wrongful restraint. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 126(1): What changed in the new law?

Consolidated definition. From 1 July 2024, all new criminal complaints relating to wrongful restraint are filed under BNS Section 126(1). Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 126(1)

N/A - Definition

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 126(1) instead of IPC 339.
• Police officers: Use BNS 126(1) as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 339 ↔ BNS 126(1) mapping.