Assault or criminal force in attempt wrongfully to confine a person
Section 357 of the Indian Penal Code, 1860 deals with assault or criminal force in attempt wrongfully to 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 one thousand rupees, or with both. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 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 one thousand rupees, or with both.
Section 357, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 135 Assault or criminal force in attempt to wrongfully confine a person Text carried over almost unchanged 98%
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 The repealed enactment still governs what happened while it was in force.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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State of M. P vs Mehtaab
Court's Decision & Legal Precedent
When a court convicts an accused for an offence involving death by negligence, the court has a mandatory duty to award an appropriate sentence that balances punishment with victim compensation. Mechanical reduction of sentences to the period already undergone, without consideration of the victim's plight and the need for compensation, is impermissible. Where an accused's resources are limited, the state must step in under Section 357-A IPC to provide interim and final compensation to victims or their heirs. The adequacy of punishment must be assessed in the context of victim rehabilitation and societal deterrence, not merely the accused's mitigation.
On this section: State compensation for crime victims. The Court invoked Section 357-A to direct the State of Madhya Pradesh to provide interim compensation of Rs. 3 lakhs to the heirs of the deceased, with a direction to pay Rs. 5 lakhs if the accused fails to pay the compensation ordered by the court. The section was interpreted to impose a mandatory duty on courts to consider state compensation when the victim is in need of financial relief and the accused has limited resources.
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Rajender Singh vs State of Haryana
Court's Decision & Legal Precedent
The mandatory requirement under Section 275(4) Cr.P.C. that witness depositions in warrant cases must be signed by the Magistrate is not a curable irregularity but a fatal defect that renders the evidence inadmissible and vitiates the entire trial. Additionally, the right to cross-examine prosecution witnesses is a fundamental component of the right to fair trial under Article 21 of the Constitution, and denial of this right prejudices the accused and violates principles of natural justice. When an Investigating Officer fails to appear for cross-examination, the evidence collected by that officer remains unproved and cannot be relied upon for conviction.
On this section: Charge of criminal intimidation; conviction set aside due to procedural defects
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 357
What have the courts held on Section 357 of the Indian Penal Code?
State of M. P vs Mehtaab (13 Feb 2015) is the leading judgment on this section among those set out below: State compensation for crime victims. The Court invoked Section 357-A to direct the State of Madhya Pradesh to provide interim compensation of Rs. 3 lakhs to the heirs of the deceased, with a direction to pay Rs. 5 lakhs if the accused fails to pay the compensation ordered by the court. The section was interpreted to impose a mandatory duty on courts to consider state compensation when the victim is in need of financial relief and the accused has limited resources. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2015 to 2025.
How do I find court cases under Section 357 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 357, section 357 IPC, section 357 of the Indian Penal Code. People searching for it also type ipc 357 in bns and ipc 357 punishment in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State of M. P vs Mehtaab (13 Feb 2015).
What should I read with Section 357 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 135 (Assault or criminal force in attempt to wrongfully confine a person), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 357 of the Indian Penal Code come into force?
Section 357 of the Indian Penal Code, cited as IPC 357, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 378. Theft980 words
- 108. Abettor745 words
- 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.