IPC Section 344: Wrongful Confinement for Ten Days or More - Punishment and BNS 127(4)
Section 344 of the Indian Penal Code, 1860 addresses prolonged wrongful confinement lasting ten days or more. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 127(4), which provides a higher maximum imprisonment term and a statutory minimum fine.
1. Section 344 IPC - Original statutory provision
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 three years, and shall also be liable to fine.
This provision requires wrongful confinement, as defined by Section 340 IPC, for a duration of at least ten days. Unlike the general punishment under Section 342 IPC, Section 344 addresses prolonged detention.
2. What is wrongful confinement?
Under Section 340 IPC, wrongful confinement occurs when a person is wrongfully restrained so that the person cannot proceed beyond certain circumscribing limits. BNS Section 127(1) substantially carries forward this definition. Physical barriers are not the only possible means: threats or guards preventing departure can also constitute confinement.
Illustrations from the statutory definition: A locks Z inside a walled space so Z cannot leave; alternatively, A posts armed persons at the exits of a building and threatens Z with shooting if Z attempts to leave. Both illustrate wrongful confinement.
3. Essential ingredients of the offence
- A person is wrongfully restrained from leaving a defined area or limits.
- The restraint amounts to confinement rather than mere obstruction of a particular route.
- The confinement is unlawful and continues for ten days or more.
- The prosecution establishes the accused person's responsibility and the period of confinement through admissible evidence.
The ten-day requirement is significant. A shorter period may attract other provisions, including Sections 342 or 343 IPC, depending on the facts.
4. Current law: BNS Section 127(4)
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, replacing the IPC subject to savings and transitional rules. The corresponding provision for confinement of ten days or more is Section 127(4) BNS.
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. IPC Section 344 vs BNS Section 127(4)
| Feature | IPC Section 344 | BNS Section 127(4) |
|---|---|---|
| Conduct | Wrongful confinement for at least 10 days | Wrongful confinement for at least 10 days |
| Maximum imprisonment | 3 years | 5 years |
| Type of imprisonment | Either description | Either description |
| Fine | Liable to fine; no amount specified in the provision | Fine of not less than Rs. 10,000 |
| Period of application | Relevant to offences under the former IPC, subject to savings | Current BNS provision from 1 July 2024 |
6. Cognizable offence, bail and trial under current law
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under BNS Section 127(4) is cognizable and non-bailable, and is triable by a Magistrate of the first class. Non-bailable does not mean bail is prohibited; it means bail is subject to the applicable judicial discretion and statutory requirements.
7. Practical examples
- Locked premises: A deliberately locks B inside a room for twelve days without lawful justification. This may satisfy the ten-day duration element.
- Guarded exit: A uses guards and threats to prevent B from leaving a compound for ten or more days. Physical locking is not essential if departure is effectively prevented.
- Shorter detention: A unlawfully confines B for four days. The ten-day offence is not made out on duration alone, although other wrongful-confinement provisions may apply.
These examples are explanatory; actual charges depend on evidence, lawful authority, available defences and the facts of each case.
8. Related IPC provisions and corresponding BNS provisions
| IPC provision | Subject | Corresponding BNS provision |
|---|---|---|
| 339 and 341 | Wrongful restraint and its punishment | 126(1) and 126(2) |
| 340 and 342 | Wrongful confinement and its punishment | 127(1) and 127(2) |
| 343 | Confinement for three or more days | 127(3) |
| 344 | Confinement for ten or more days | 127(4) |
| 345 to 348 | Other aggravated forms of confinement | 127(5) to 127(8) |
9. Frequently asked questions
What is IPC Section 344?
Section 344 IPC penalises wrongful confinement of a person for ten days or more. It provides imprisonment of either description for up to three years and liability to a fine.
Which BNS provision corresponds to IPC Section 344?
Section 127(4) of the Bharatiya Nyaya Sanhita, 2023 covers wrongful confinement for ten days or more.
What is the punishment under BNS Section 127(4)?
Imprisonment of either description for up to five years and a fine of not less than Rs. 10,000.
Is BNS Section 127(4) bailable?
No. The First Schedule to the BNSS classifies wrongful confinement for ten or more days under Section 127(4) as cognizable and non-bailable, triable by a Magistrate of the first class.
Does IPC Section 344 still apply after July 1, 2024?
The IPC was repealed and replaced by the BNS from July 1, 2024, subject to savings and transitional provisions. The date of the alleged offence and applicable legal provisions must be examined.
10. Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF
- National Crime Records Bureau - BNS statutory provisions
- National Crime Records Bureau - BNSS First Schedule classification
- India Code - official legislation portal
Legal information updated 30 October 2026. This general guide is not a substitute for advice based on the facts of a particular case.