Bharatiya Nyaya Sanhita 2023
Section 127 :
Wrongful Confinement :
(See section 340, 342, 343, 344, 345, 347, 348 of IPC 1860)
Section : 127(2)
Classification of Offence:
Offence : Wrongfully confining any person.
Punishment : Imprisonment for 1 year, or fine of 5,000 rupees, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person restrained or confined.
By Which Court Triable : Any Magistrate.
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Section : 127(3)
Classification of Offence:
Offence : Wrongfully confining for three or more days.
Punishment : Imprisonment for 3 years, or Fine of 10000 rupees, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person confined.
By Which Court Triable : Any Magistrate.
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Section : 127(4)
Classification of Offence:
Offence : Wrongfully confining for 10 or more days.
Punishment : Imprisonment for 5 years and fine of 10000 rupees.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : The person confined.
By Which Court Triable : Magistrate of the first class.
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Section : 127(5)
Classification of Offence:
Offence : Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation.
Punishment : Imprisonment for two years in addition to any term of imprisonment to under any other section and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 127(6)
Classification of Offence:
Offence : Wrongful confinement in secret.
Punishment : Imprisonment for 3 years in addition to other punishment which he is liable to and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person confined.
By Which Court Triable : Magistrate of the first class.
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Section : 127(7)
Classification of Offence:
Offence : Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc.
Punishment : Imprisonment for three years, and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Section : 127(8)
Classification of Offence:
Offence : Wrongful confinement for the purpose of extorting confession or information, or of compelling restoration of property, etc.
Punishment : Imprisonment for three years, and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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(1) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Illustrations :
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
(2) Whoever wrongfully confines any 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 five thousand rupees, or with both.
(3) Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
(4) Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees.
(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine.
(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.
(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Indian Penal Code 1860 (IPC 1860)
Section 340 :
Wrongful confinement:
(See section 127 of BNS 2023)
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said wrongfully to confine that person.
Illustrations :
(a) A causes Z to go within a walled space, and locks Z in Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts leave the building. A wrongfully confines Z.
Section 342 :
Punishment for wrongful confinement:
(See section 127(2) of BNS 2023)
Classification of Offence:
Offence: Wrongfully confining any person.
Punishment :Imprisonment for 1 year, or fine of 1000 rupees, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : The person restrained or confined.
By Which Court Triable :Any Magistrate.
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Whoever wrongfully confines any 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 343 :
Wrongful confinement for three or more days:
(See section 127(3) of BNS 2023)
Classification of Offence:
Offence: Wrongfully confining for three or more days.
Punishment :Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person confined.
By Which Court Triable : Any Magistrate.
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Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 344 :
Wrongful confinement for ten or more days:
(See section 127(4) of BNS 2023)
Classification of Offence:
Offence: Wrongfully confining for 10 or more days.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : The person confined.
By Which Court Triable : Any Magistrate.
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Whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which may extent to three years, and shall also be liable to fine.
Section 345 :
Wrongful confinement of person for whose liberation writ has been issued:
(See section 127(5) of BNS 2023)
Classification of Offence:
Offence: Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation.
Punishment :Imprisonment for 2 years, In addition to imprisonment under any other section.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
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Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter.
Section 347 :
Wrongful confinement to extort property, or constrain to illegal act:
(See section 127(7) of BNS 2023)
Classification of Offence:
Offence: Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate.
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Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Section 348 :
Wrongful confinement to extort confession, or compel restoration of property:
(See section 127(8) of BNS 2023)
Classification of Offence:
Offence: Wrongful confinement for the purpose of extorting confession or information, or of compelling restoration of property, etc.
Punishment :Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.