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Section 135: Assault or Criminal Force in Attempt Wrongfully to Confine Person

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Any Magistrate
Bailable
Cognizable
Formerly Sec 357 IPC
Section 134 All 358 Sections of Bharatiya Nyaya Sanhita Section 136

Legal Commentary & Landmark Judgments: Section 135

Section 135 penalizes assault or use of criminal force in an attempt wrongfully to confine any person, prescribing imprisonment of either description for a term which may extend to one year, or fine up to five thousand rupees, or both.

  • Attempted Confinement: Assault committed while attempting to push, trap, or lock a victim within circumscribing boundaries.
  • Force Preceding Confinement: Applies where the physical confinement is thwarted or interrupted before completion.
  • Protection of Free Movement: Penalizes abduction preparatory scuffles and kidnapping attempts (formerly Section 357 IPC).
Key Landmark Precedents:
  • State of Gujarat v. Bava Kalu (1980): Held that physically grabbing a person to drag them into a room or vehicle constitutes assault in attempt to wrongfully confine under Section 357 IPC (Section 135 BNS).
  • S.A. Aziz v. Pasam Hari Babu (2003) 3 SCC 427: Affirmed that attempted deprivation of personal liberty carries penal liability.
Courtroom Practice & Strategic Litigation Guidance:

When an accused attempted to force a victim into a car but bystanders intervened and rescued them, charge under Section 135 BNS alongside Section 140 (attempted kidnapping): this closes any defense plea that confinement was never consummated.

Section 134 All 358 Sections of Bharatiya Nyaya Sanhita Section 136