Sections 340 and 342-348 IPC: Wrongful Confinement and Punishment
Section 340 of the Indian Penal Code, 1860 defined wrongful confinement. Sections 342 to 348 prescribed punishment for wrongful confinement and for aggravated forms involving duration, secrecy, a liberation writ, extortion, illegal acts, confession or restoration of property.
- Section 340 - Definition of wrongful confinement
- Essential ingredients
- Section 342 - Punishment for wrongful confinement
- Section 343 - Confinement for 3 or more days
- Section 344 - Confinement for 10 or more days
- Section 345 - Confinement despite liberation writ
- Section 346 - Secret confinement
- Section 347 - Confinement to extort property or constrain illegal act
- Section 348 - Confinement to extort confession or compel restoration
- Punishment summary
Section 340 IPC - Wrongful Confinement
A person commits wrongful confinement when that person wrongfully restrains another person in such a manner as to prevent the other person from proceeding beyond certain circumscribing limits.
Wrongful confinement is therefore a form of wrongful restraint in which the restriction surrounds or limits the person's ability to move beyond a defined boundary or area.
Illustrations to Section 340
The first statutory illustration describes A causing Z to enter a walled space and locking Z inside so that Z cannot proceed beyond the surrounding wall. The second describes A placing armed men at the outlets of a building and telling Z that they will fire if Z attempts to leave. Both illustrate wrongful confinement.
Essential Ingredients of Wrongful Confinement
- There must be wrongful restraint of a person.
- The restraint must prevent that person from proceeding beyond certain circumscribing limits.
- The restriction must therefore amount to confinement within a defined boundary or area, rather than merely obstruction in one particular direction.
The distinction is important: wrongful restraint under Section 339 prevents movement in a direction in which a person has a right to proceed, while Section 340 addresses restraint that prevents the person from going beyond circumscribing limits.
Section 342 IPC - Punishment for Wrongful Confinement
Whoever wrongfully confines any person is punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to Rs. 1,000, or with both.
Section 343 IPC - Wrongful Confinement for 3 or More Days
Where wrongful confinement continues for three days or more, Section 343 provides enhanced punishment.
Punishment: imprisonment of either description for a term which may extend to two years, or fine, or both.
Section 344 IPC - Wrongful Confinement for 10 or More Days
Section 344 applies where a person is wrongfully confined for ten days or more.
Punishment: imprisonment of either description for a term which may extend to three years, and the offender is also liable to fine.
Section 345 IPC - Confinement of Person for Whose Liberation a Writ Has Been Issued
This provision applies where a person keeps another in wrongful confinement while knowing that a writ for that person's liberation has been duly issued.
Punishment: imprisonment of either description for a term which may extend to two years, in addition to any term of imprisonment for which the offender may be liable under another section of the same Chapter.
Section 346 IPC - Wrongful Confinement in Secret
Section 346 addresses wrongful confinement carried out in a manner indicating an intention that the confinement, or the place of confinement, should not be known to or discovered by a person interested in the confined person or by a public servant.
Punishment: imprisonment of either description for a term which may extend to two years, in addition to any other punishment for the wrongful confinement.
Section 347 IPC - Wrongful Confinement to Extort Property or Constrain to Illegal Act
Section 347 applies where wrongful confinement is used for the purpose of extorting property or valuable security from the confined person or a person interested in that person, or to constrain such a person to do anything illegal or to provide information facilitating the commission of an offence.
Punishment: imprisonment of either description for a term which may extend to three years, and the offender is also liable to fine.
Section 348 IPC - Wrongful Confinement to Extort Confession or Compel Restoration of Property
Section 348 applies where wrongful confinement is used to extort a confession or information that may lead to detection of an offence or misconduct. It also covers confinement used to constrain the confined person, or a person interested in that person, to restore or cause restoration of property or valuable security, satisfy a claim or demand, or give information leading to restoration of property or valuable security.
Punishment: imprisonment of either description for a term which may extend to three years, and the offender is also liable to fine.
Sections 342-348 IPC: Punishment Summary
| Section | Offence | Maximum punishment stated in the provision |
|---|---|---|
| 342 | Wrongful confinement | 1 year, or fine up to Rs. 1,000, or both |
| 343 | Wrongful confinement for 3 days or more | 2 years, or fine, or both |
| 344 | Wrongful confinement for 10 days or more | 3 years and fine |
| 345 | Keeping a person confined despite knowledge of a duly issued liberation writ | 2 years in addition to imprisonment otherwise applicable under the Chapter |
| 346 | Wrongful confinement in secret | 2 years in addition to other punishment for wrongful confinement |
| 347 | Confinement to extort property or constrain to an illegal act | 3 years and fine |
| 348 | Confinement to extort confession or compel restoration of property | 3 years and fine |
Wrongful Restraint and Wrongful Confinement
Wrongful confinement under Section 340 is connected with wrongful restraint under Section 339, but confinement is narrower and more complete in its restriction: the person is prevented from proceeding beyond circumscribing limits. For the related definition and punishment, see Sections 339 and 341 IPC - wrongful restraint and punishment.
Pre-BNS Legal Reference
Sections 340 and 342 to 348 discussed above form part of the Indian Penal Code framework that preceded the Bharatiya Nyaya Sanhita, 2023. This page is structured as a reference to that earlier legal position. Where the date of the alleged conduct or proceeding makes the new criminal laws applicable, the corresponding BNS provision and procedural rules should be checked separately.