Section Overview
Section Number:
IPC Section 357
Section Title:
Assault or Criminal Force in Attempt to Wrongfully Confine Person
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with substantially similar principles retained.
Applicability:
IPC Section 357 applies when:
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A person uses assault or criminal force;
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The intention is to wrongfully confine another person;
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The act restricts or attempts to restrict freedom of movement;
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The confinement is illegal or without lawful authority.
👉 This section focuses on preventing unlawful restriction of personal liberty through force.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 357 ka simple matlab hai ki agar koi vyakti kisi dusre person ko force use karke ya darakar uski movement rokne ya usko band karne ki koshish karta hai, to ye crime hai.
Simple words mein:
"Kisi ko force se bina kanoon ke band karne ki koshish karna offence hai."
Legal Meaning
A person commits offence under Section 357 when:
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Assault or criminal force is used;
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The purpose is wrongful confinement;
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The victim’s freedom of movement is restricted or attempted to be restricted;
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The confinement is without legal justification.
Essential Ingredients
Use of Assault or Criminal Force
There must be:
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Threat of force (assault), OR
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Actual physical force (criminal force)
Intent to Confine
The accused must intend to:
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Restrict movement;
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Detain the victim;
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Prevent the victim from leaving.
Wrongfulness of Confinement
The confinement must be:
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Illegal, OR
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Without lawful authority.
Attempt or Execution
Even attempt to confine may be sufficient.
Punishment & Legal Classification
Punishment
IPC Section 357 provides:
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Imprisonment up to 1 year; OR
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Fine; OR
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Both.
Bailable / Non-Bailable
Generally Bailable
Cognizable / Non-Cognizable
Non-Cognizable
Compoundable
Compoundable (in many cases with court permission)
Triable By
Any Magistrate
IPC ↔ BNS Mapping
IPC Section
IPC Section 357
BNS Equivalent
The Bharatiya Nyaya Sanhita retains similar provisions relating to:
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Wrongful confinement;
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Attempted unlawful restraint;
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Use of force to restrict liberty.
Status
Concept retained.
Real-Life Examples
Example 1: Blocking Exit
A person uses force to block another person from leaving a room.
Section 357 applies.
Example 2: Forceful Detention Attempt
A group tries to stop someone from leaving by physically restraining them.
Section 357 applies.
Example 3: Preventing Movement
A person uses threats and force to prevent someone from moving out of a place.
IPC 357 applies.
Landmark Judgments
Case Name:
State of Gujarat v. Raghunath
Court:
Supreme Court of India
Key Takeaway:
Wrongful restriction of liberty through force is a serious criminal offence under IPC principles.
Case Name:
D.K. Basu v. State of West Bengal
Court:
Supreme Court of India
Key Takeaway:
Personal liberty cannot be curtailed without lawful authority.
Case Name:
Joginder Kumar v. State of U.P.
Court:
Supreme Court of India
Key Takeaway:
Illegal detention violates fundamental rights under Article 21.
Legal Insights
When Is This Section Applied?
Section 357 is applied when:
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A person’s movement is forcibly restricted;
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Assault or force is used;
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There is an attempt to confine without legal authority;
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Liberty is unlawfully interfered with.
Common Misuse Scenarios
Misunderstanding Crowd Situations
Not every blocking of movement is wrongful confinement.
Lack of Intent
Accidental obstruction is not enough.
Lawful Detention
Police or lawful authorities acting legally are exempt.
Verbal Disputes
Words alone are insufficient without force or restraint.
Defenses Available
Lawful Authority
Confinement was legally justified.
No Intent
No intention to confine existed.
No Force Used
No assault or criminal force occurred.
Temporary or Accidental Obstruction
No criminal act intended.