Wrongful Confinement under IPC Sections 340 and 342-348: Meaning and Punishment

Wrongful confinement under the Indian Penal Code, 1860 means wrongfully restraining a person so as to prevent that person from proceeding beyond certain circumscribing limits. Section 340 defines the offence, while Sections 342 to 348 prescribe punishment for ordinary and aggravated forms of wrongful confinement.

Section 340 IPC - Wrongful confinement

Wrongful confinement is therefore an aggravated form of wrongful restraint. The essential idea is total restraint within defined limits: the person is prevented from going beyond a boundary or area within which he or she has been confined.

Illustrations under Section 340

If A causes Z to enter a walled space and locks Z inside, thereby preventing Z from proceeding beyond the wall, A wrongfully confines Z. Likewise, if A stations armed persons at the exits of a building and tells Z that they will fire if Z attempts to leave, Z is wrongfully confined.

Section 342 IPC - Punishment for wrongful confinement

Section 343 IPC - Wrongful confinement for three or more days

Where wrongful confinement continues for three days or more, the punishment may extend to two years' imprisonment, or fine, or both.

Section 344 IPC - Wrongful confinement for ten or more days

Where a person is wrongfully confined for ten days or more, the offender may be punished with imprisonment of either description for a term extending to three years and is also liable to fine.

Section 345 IPC - Confinement despite writ for liberation

A person who keeps another in wrongful confinement while knowing that a writ for that person's liberation has been duly issued may be punished with imprisonment of either description for up to two years, in addition to imprisonment for which the offender may be liable under another section of the same Chapter.

Section 346 IPC - Wrongful confinement in secret

This section applies where the manner of confinement indicates an intention that the confinement, or the place of confinement, should not be known or discovered by a person interested in the confined person or by a public servant. The punishment may extend to two years' imprisonment in addition to any other punishment for the wrongful confinement.

Section 347 IPC - Confinement to extort property or constrain an illegal act

Section 347 applies when wrongful confinement is used to extort property or valuable security from the confined person or an interested person, to constrain either person to do something illegal, or to obtain information facilitating the commission of an offence. Punishment may extend to three years' imprisonment and fine.

Section 348 IPC - Confinement to extort confession or compel restoration of property

This provision covers wrongful confinement for the purpose of extorting a confession or information that may lead to detection of an offence or misconduct. It also covers confinement used to compel restoration of property or valuable security, satisfaction of a claim or demand, or disclosure of information that may lead to restoration of property or valuable security. Punishment may extend to three years' imprisonment and fine.

Quick summary of Sections 340 and 342-348 IPC

Wrongful restraint and wrongful confinement

Section 340 must be read with the concept of wrongful restraint. Wrongful confinement requires restraint within circumscribing limits, so that the person cannot proceed beyond those limits. For the related provision, see Sections 339 and 341 IPC on wrongful restraint.

This page explains the IPC provisions in force immediately before commencement of the Bharatiya Nyaya Sanhita, 2023. The applicable provision in an individual case depends on the date and facts of the alleged offence and the relevant saving provisions.