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N, a landlord, after repeatedly demanding and not getting the rent of his flat from the tenant H, one…

Locking the flat to prevent H from entering obstructs the tenant from proceeding where H has a right to proceed, constituting wrongful restraint under section 126(1) of the…

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N, a landlord, after repeatedly demanding and not getting the rent of his flat from the tenant H, one day locked the flat in order not to allow H to enter it, till he pays the rent to him. Which of the following offences has N committed under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer D

Locking the flat to prevent H from entering obstructs the tenant from proceeding where H has a right to proceed, constituting wrongful restraint under section 126(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 339 IPC). It does not confine H within circumscribed limits, and the facts do not describe assault or use of criminal force. Non-payment of rent does not itself entitle the landlord to impose this obstruction.

Wrongful restraint is punishable under section 126(2) with simple imprisonment up to one month, or fine up to ₹5,000, or both.

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