Wrongful restraint
Section 339 of the Indian Penal Code, 1860 deals with wrongful restraint. Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
Exception.-The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
Section 339, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 126 Wrongful restraint Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Keki Hormusji Gharda vs Mehervan Rustom Irani
Court's Decision & Legal Precedent
In the absence of express statutory provision creating vicarious criminal liability, company directors and officers cannot be held criminally liable for actions of company employees or contractors merely by virtue of their positions in the company. Criminal liability requires direct overt acts, physical presence, or involvement by the accused. Allegations of instigating or managing affairs of a company do not, by themselves, constitute criminal wrongful restraint when the accused were not physically present at the site and no direct physical obstruction was caused by them. The Magistrate must carefully apply his mind to the facts and law before issuing summons, and must determine whether the allegations, even if taken to be correct, disclose a prima facie offence.
On this section: Definition of wrongful restraint - 'Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.' Court analyzed the essential ingredients of this provision.
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S.mahesh vs The State of Telangana
Court's Decision & Legal Precedent
Wrongful restraint under Section 339 IPC can be constituted even when a person enters a place voluntarily, if they are subsequently prevented from leaving or proceeding in any direction they have a right to proceed. The voluntary entry does not negate the possibility of wrongful restraint if the person is obstructed from leaving.
On this section: Wrongful restraint - The court found this section was applicable as the petitioner allegedly obstructed the complainant and others from leaving the scene of offence (the petitioner's house), which constitutes wrongful restraint.
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Kaasula Balraju vs The State of Telangana
Court's Decision & Legal Precedent
Obstructing public movement in one direction on a road, causing annoyance to the public exercising their right to use that road, constitutes public nuisance under Section 290 IPC read with Section 268 IPC, even if the obstruction is for a political cause like demanding district status. However, such obstruction does not constitute wrongful restraint under Section 341 IPC (which requires preventing movement in any direction), nor does it constitute unlawful assembly under Section 141-145 IPC (which requires criminal force or show of criminal force with specific common objects), and prosecution for disobedience under Section 188 IPC is barred by Section 195 IPC.
On this section: Definition of wrongful restraint - voluntarily obstructing any person to prevent proceeding in any direction they have right to proceed
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 339
What have the courts held on Section 339 of the Indian Penal Code?
Keki Hormusji Gharda vs Mehervan Rustom Irani (13 May 2009) is the leading judgment on this section among those set out below: Definition of wrongful restraint - 'Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.' Court analyzed the essential ingredients of this provision. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2009 to 2018.
How do I find court cases under Section 339 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 339, section 339 IPC, section 339 of the Indian Penal Code. People searching for it also type ipc 339 in bns and ipc 339 punishment in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Keki Hormusji Gharda vs Mehervan Rustom Irani (13 May 2009).
What should I read with Section 339 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 126 (Wrongful restraint), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 339 of the Indian Penal Code come into force?
Section 339 of the Indian Penal Code, cited as IPC 339, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.