BNS Section 142 – Wrongfully concealing or keeping in confinement, kidnapped or abducted person

IPC Section – 368

Cognizable offence
punishable with same as punishment for kidnapping or
abduction.

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.

Wrongfully Concealing or Keeping in Confinement a Kidnapped or Abducted Person

1. What is the Offence?

This law targets individuals who wrongfully conceal or keep in confinement a person who has been kidnapped or abducted, knowing the illegal nature of the confinement.

2. Key Elements of the Offence

• Knowledge of Kidnapping/Abduction:
  The person must know that the individual has been kidnapped or abducted.
• Concealment or Confinement:
  The act involves hiding or confining the victim, thereby assisting in prolonging their illegal confinement.
• Scope of the Law:
  This applies even if the person did not personally commit the kidnapping or abduction but is complicit in continuing the illegal act.

3. Punishment

• The individual will be punished in the same manner as the person who originally kidnapped or abducted the victim.
• The punishment depends on the intent, knowledge, or purpose of the original kidnapping or abduction.

4. 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 the same court that tries the original kidnapping or abduction case.

5. Purpose of the Law

• The law aims to discourage not only the act of kidnapping or abduction but also the involvement of third parties who help prolong the victim’s suffering through concealment or confinement.
• It ensures that accomplices face equal legal consequences as the primary offenders.

Summary of the Offence