Section 340 IPC: Wrongful Confinement - Definition, Illustrations and Current Law
Section 340 of the Indian Penal Code, 1860 (IPC), defines wrongful confinement: wrongfully restricting a person within certain boundaries so that the person cannot proceed beyond them. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 127(1).
Original statutory text of Section 340 IPC
340. Wrongful confinement. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding 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.
The two original illustrations demonstrate that confinement can be established by physical barriers or by credible threats preventing a person from leaving. A locked door is not an essential requirement in every case.
Corresponding law: Section 127 of the BNS
Section 127(1) BNS sets out the definition of wrongful confinement. Section 127(2) BNS addresses punishment for ordinary wrongful confinement. Additional subsections of Section 127 deal with aggravated situations, including confinement for extended periods and particular unlawful purposes.
Read Section 127 together with Section 126 BNS, which concerns wrongful restraint. The two concepts are connected, but confinement involves restriction within circumscribed limits rather than obstruction of travel in a particular direction.
Essential ingredients of wrongful confinement
- Wrongful restraint: The accused must have unlawfully restrained another person.
- Circumscribing limits: The restraint must keep that person within an identifiable area or boundary.
- Prevention from leaving: The person must be prevented from proceeding beyond those limits.
- Voluntary conduct: The act must satisfy the applicable legal requirement of voluntary obstruction; the facts must establish more than an accidental inconvenience.
- Absence of lawful authority: The restraint must be wrongful; lawful custody or other legally justified restrictions require separate analysis.
What do circumscribing limits mean?
Circumscribing limits are boundaries beyond which the affected person is not permitted to move. They may be the walls of a room, the exits of a building, a fenced area, or a perimeter effectively enforced by threats or guards. The legal question is whether the person's freedom to leave the area has been unlawfully curtailed.
Punishment: Section 342 IPC and Section 127 BNS
Section 340 IPC is a definition section, not the punishment provision. The ordinary punishment was specified by Section 342 IPC. Under the current BNS scheme, the corresponding definition and basic punishment are contained in Section 127.
| Issue | IPC, 1860 | BNS, 2023 |
|---|---|---|
| Definition | Section 340 IPC | Section 127(1) BNS |
| Ordinary punishment | Section 342 IPC | Section 127(2) BNS |
| Imprisonment | Either description, up to one year | Refer to the operative text of Section 127(2) |
| Fine | Up to Rs. 1,000, or both imprisonment and fine | Refer to the operative text of Section 127(2) |
| Related offence | Section 339 IPC: wrongful restraint | Section 126 BNS: wrongful restraint |
Aggravated confinement may attract separate provisions and higher penalties, depending on the duration, concealment, purpose and other proved circumstances. The applicable charge and punishment must be assessed on the facts and the law in force at the relevant time.
Wrongful restraint versus wrongful confinement
| Wrongful restraint | Wrongful confinement |
|---|---|
| Prevents a person from proceeding in a direction in which they have a right to proceed. | Prevents a person from proceeding beyond certain circumscribing limits. |
| IPC Section 339; BNS Section 126. | IPC Section 340; BNS Section 127. |
| Example: unlawfully blocking a person's passage along a path. | Example: unlawfully locking a person inside a room or guarding every exit. |
See also Section 339 IPC: wrongful restraint for the related definition.
Practical illustrations
- Locked premises: A person is deliberately locked inside a room and cannot leave. This may constitute wrongful confinement if there is no lawful justification.
- Threats at exits: Guards are positioned at all exits and credibly threaten a person who tries to leave. Physical locking is not essential.
- Blocked route: A person is prevented from using one pathway but remains free to travel elsewhere. The facts may point to wrongful restraint rather than confinement.
- Lawful custody: Detention under lawful authority is not automatically wrongful confinement; its legality must be assessed under the governing law.
Evidence and legal considerations
Relevant evidence may include CCTV footage, witness accounts, door-lock records, communications, photographs of the location, testimony concerning threats, and evidence of how long the person was prevented from leaving. The circumstances of any claimed lawful authority are also important.
Frequently asked questions
What is wrongful confinement under Section 340 IPC?
Wrongful confinement occurs when a person wrongfully restrains another person so as to prevent them from moving beyond certain circumscribing limits.
What is the punishment for wrongful confinement under the IPC?
Section 342 IPC prescribes imprisonment of either description for up to one year, or a fine up to Rs. 1,000, or both, for ordinary wrongful confinement.
Which BNS section corresponds to IPC Section 340?
Section 127(1) of the Bharatiya Nyaya Sanhita, 2023, defines wrongful confinement; Section 127(2) provides the basic punishment.
What is the difference between wrongful restraint and wrongful confinement?
Wrongful restraint prevents movement in a direction in which a person has a right to proceed; wrongful confinement prevents movement beyond defined or circumscribing limits.
Does wrongful confinement require a locked room?
No. A person may be confined by physical barriers, guards, threats or other means that effectively prevent leaving defined limits.
When does the BNS apply?
The BNS generally applies to offences committed on or after 1 July 2024, subject to the applicable commencement and savings provisions.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - India Code official PDF (Sections 126 and 127).
- India Code - Government of India (Indian Penal Code, 1860, Sections 339, 340 and 342).
- Ministry of Home Affairs (criminal law commencement notifications).
Updated 30 October 2026. General legal information only; verify the operative provision and the date of the alleged offence for individual cases.