Section 142 BNS: Wrongfully Concealing or Keeping in Confinement a Kidnapped or Abducted Person
Section 142 of the Bharatiya Nyaya Sanhita, 2023 deals with a person who knows that another person has been kidnapped or abducted and then wrongfully conceals or confines that person. The provision links the punishment to the intention, knowledge or purpose behind the underlying kidnapping or abduction.
Section 142 of the Bharatiya Nyaya Sanhita, 2023
Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on July 1, 2024. Section 142 is therefore part of the criminal law presently in force for conduct governed by the BNS.
Meaning and Ingredients of Section 142 BNS
For Section 142 to apply, the prosecution must establish the circumstances required by the statutory language. In practical terms, the provision focuses on the following elements:
- The victim has been kidnapped or abducted.
- The accused knows that the person has been kidnapped or abducted.
- The accused wrongfully conceals or confines that person.
- The intention, knowledge or purpose connected with that concealment or confinement determines the manner of punishment.
The section does not treat concealment or confinement as an isolated act with a uniform sentence. Instead, it places the person who knowingly conceals or confines the victim in the same punitive position as a person who committed the relevant kidnapping or abduction with the corresponding intention, knowledge or purpose.
Related Definitions: Kidnapping and Abduction
Section 137 BNS - Kidnapping
Section 137 states that kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship. Kidnapping from India involves conveying a person beyond the limits of India without the required consent. Kidnapping from lawful guardianship involves taking or enticing a child or a person of unsound mind out of the keeping of the lawful guardian without the guardian's consent, subject to the statutory exception.
Section 138 BNS - Abduction
Section 138 provides that a person abducts another when, by force, that person compels another person, or by deceitful means induces that person, to go from any place.
Punishment Under Section 142 BNS
Section 142 does not prescribe one fixed period of imprisonment. It provides that the offender shall be punished in the same manner as if the offender had kidnapped or abducted the victim with the same intention or knowledge, or for the same purpose, as the concealment or detention.
Nature of Offence Under the BNSS
| Offence | Wrongfully concealing or keeping in confinement a kidnapped or abducted person |
|---|---|
| Punishment | Punishment applicable to the corresponding kidnapping or abduction |
| Cognizable | Yes |
| Bailable | No; the offence is classified as non-bailable |
| Court | The court by which the relevant kidnapping or abduction is triable |
How Section 142 Operates
The provision is aimed at persons who knowingly assist in maintaining the unlawful situation after a kidnapping or abduction by concealing or confining the victim. Knowledge that the person was kidnapped or abducted is an express requirement. The punishment then follows the character and purpose of the associated kidnapping or abduction.
For example, where the concealment or confinement is connected with the same purpose as a kidnapping or abduction that attracts a more serious punishment under the BNS, Section 142 directs that the person concealing or confining the victim be punished in the same manner. The precise charge and sentence will depend on the facts and the corresponding substantive provision.
Related BNS Provisions
Section 142 appears in the group of provisions dealing with kidnapping, abduction, slavery and forced labour. Readers may also refer to the following related sections:
- Section 141 - Importation of girl or boy from foreign country
- Section 143 - Trafficking of person
- Section 144 - Exploitation of a trafficked person
- Section 145 - Habitual dealing in slaves
- Section 146 - Unlawful compulsory labour
Frequently Asked Questions
What is Section 142 BNS?
It is the provision that punishes a person who, knowing that someone has been kidnapped or abducted, wrongfully conceals or confines that person.
Is knowledge necessary under Section 142?
Yes. The statutory wording expressly requires knowledge that the person has been kidnapped or abducted.
What is the maximum punishment under Section 142?
There is no single maximum punishment stated independently in Section 142. The applicable punishment follows the corresponding kidnapping or abduction committed with the same intention, knowledge or purpose.
Is Section 142 BNS cognizable and non-bailable?
Yes. The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence as cognizable and non-bailable.
Legal note: This page explains the statutory provision for general information. The application of Section 142 depends on the facts, the alleged purpose and the related kidnapping or abduction provision.