Criminal LawSection 126, Bharatiya Nyaya Sanhita, 2023

BNS Section 126

What happens if someone blocks a path I have a right to use?

Short answer

They can be jailed up to one month, fined up to ₹5,000, or both.

In detail

Wrongful restraint means deliberately blocking someone so they cannot go in a direction they are legally allowed to go. The law says that if you voluntarily stop a person from moving where they have a right to move, you are wrongfully restraining them. There is one exception: if you are blocking a private path on land or water and you genuinely believe you have a lawful right to do so, that is not an offence. The punishment for wrongful restraint is clear. A person found guilty can be sent to prison for up to one month, fined up to ₹5,000, or both. The law does not say anything about other penalties or about who can claim damages. It simply sets the jail time and fine limits for this offence. The section applies to any direction a person has a right to proceed, whether on land or water. It does not cover situations where the obstruction is accidental or where the person is not aware of the right to proceed.

Reviewed by LegalX Editorial · 3 September 2026View source

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Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.

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