BNS Section 127 – Wrongful confinement

IPC Section – 340 – 342 to 348

Wrongful confinement

(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 threeyears 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.

Wrongful Confinement (BNS)

1. What is Wrongful Confinement?

Wrongful confinement refers to the act of restraining a person in such a way that they are prevented from moving beyond specific boundaries or limits. This restricts their freedom of movement unlawfully.

2. Key Elements of Wrongful Confinement

• Nature of Restraint:
  The confinement can be physical (e.g., holding someone against their will) or through any means that limits their movement.
• Circumscribing Limits:
  The confinement is not absolute but restricted within defined boundaries, such as a room, building, or specific area.
• Intent:
  The act must involve the intention to confine the person unlawfully.

3. Types of Wrongful Confinement and Punishments

a. Wrongfully Confining for Three or More Days

• Offence: Wrongfully confining a person for 3 or more days.
• Punishment:
  • Imprisonment: Up to 3 years, or
  • Fine: Up to ₹10,000, or both.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by any Magistrate.

b. Wrongfully Confining for Ten or More Days

• Offence: Wrongfully confining a person for 10 or more days.
• Punishment:
  • Imprisonment: Up to 5 years, and
  • Fine: Up to ₹10,000.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

c. Keeping a Person in Confinement Despite a Writ for Liberation

• Offence: Confining a person even after knowing that a writ has been issued for their release.
• Punishment:
  • Imprisonment: Up to 2 years (in addition to any other punishment), and
  • Fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

d. Wrongful Confinement in Secret

• Offence: Confining a person secretly.
• Punishment:
  • Imprisonment: Up to 3 years (in addition to other punishments), and
  • Fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

e. Wrongful Confinement for Extortion or Illegal Acts

• Offence: Confining a person to extort property or force them to do something illegal.
• Punishment:
  • Imprisonment: Up to 3 years, and
  • Fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by any Magistrate.

f. Wrongful Confinement for Extorting Confession or Information

• Offence: Confining a person to extort a confession, information, or compel the restoration of property.
• Punishment:
  • Imprisonment: Up to 3 years, and
  • Fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by any Magistrate.

g. General Wrongful Confinement

• Offence: Wrongfully confining any person.
• Punishment:
  • Imprisonment: Up to 1 year, or
  • Fine: Up to ₹5,000, or both.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by any Magistrate.

4. Legal Implications

• Wrongful confinement is a criminal offence that violates personal liberty.
• The law aims to protect individuals from unlawful restrictions on their freedom of movement.

5. Difference Between Wrongful Confinement and Related Offences

• Wrongful Confinement: Restricts a person within specific limits.
• Kidnapping: Involves illegally transporting or detaining a person against their will.

Summary of Offences and Punishments