IPC Section 346: Wrongful Confinement in Secret and BNS Section 127(6)
Section 346 of the Indian Penal Code, 1860 dealt with secretly confining a person to conceal the confinement or its location from interested persons or public servants. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 127(6).
What did IPC Section 346 provide?
Under the former Section 346, a person who wrongfully confined another in circumstances indicating an intention to keep either the confinement or the place of confinement unknown to persons interested in the confined person, or to a public servant, was punishable with imprisonment of either description for up to two years, in addition to any other punishment for the wrongful confinement.
The provision addressed concealment as an aggravating feature of wrongful confinement, beyond the underlying unlawful restriction on liberty.
Current law: BNS Section 127(6)
Section 127(1) of the Bharatiya Nyaya Sanhita defines wrongful confinement as wrongful restraint preventing a person from proceeding beyond certain circumscribing limits. Section 127(6) specifically addresses confinement carried out in a manner indicating an intention to hide the confinement or its location from persons interested in the confined person or from public servants.
Punishment: imprisonment of either description for up to three years, in addition to other punishment for the wrongful confinement, and liability to a fine. The BNS provision therefore increases the maximum additional imprisonment compared with former IPC Section 346 and expressly adds a fine.
Essential ingredients of secret wrongful confinement
- A person is wrongfully confined, meaning their movement beyond defined limits is unlawfully prevented.
- The manner of confinement indicates an intention to conceal the fact of confinement or the location where the person is held.
- The intended concealment is from a person interested in the confined individual, or from a public servant.
Whether these ingredients are proved depends on the surrounding facts, evidence of the restriction and evidence supporting the alleged intention to conceal.
Illustrative situations
For example, secretly holding a person in a locked room while deliberately concealing their whereabouts from relatives and authorities may attract this provision, if the required elements are established. Mere presence in a private place, without unlawful confinement and the requisite circumstances indicating concealment, does not by itself establish the offence.
IPC Section 346 and BNS Section 127(6): comparison
| Provision | IPC Section 346 (former law) | BNS Section 127(6) (current law) |
|---|---|---|
| Subject | Wrongful confinement in secret | Secret wrongful confinement |
| Maximum additional imprisonment | Two years | Three years |
| Fine | No separate fine expressly prescribed in Section 346 | Fine expressly prescribed |
| Other punishment | Additional to punishment for wrongful confinement | Additional to punishment for wrongful confinement |
Nature of the offence under current procedural law
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under BNS Section 127(6) is classified as cognizable and bailable, and is triable by a Magistrate of the first class. Other offences arising from the same incident may have different classifications.
Frequently asked questions
What is the corresponding BNS section for IPC 346?
Section 127(6) of the Bharatiya Nyaya Sanhita, 2023.
What is the punishment for secret wrongful confinement?
Under BNS Section 127(6), up to three years of additional imprisonment and a fine, besides other punishment applicable to the wrongful confinement.
Is secret wrongful confinement a bailable offence?
The offence specified in BNS Section 127(6) is bailable under the BNSS First Schedule. Additional charges can affect the overall case.
Does IPC Section 346 still apply?
The IPC has been replaced for new offences from 1 July 2024, but IPC Section 346 may remain relevant to conduct occurring before that date, subject to applicable savings provisions.
Official legal sources
Read the Bharatiya Nyaya Sanhita, 2023 (official India Code PDF), the India Code BNS record, and the Bureau of Police Research and Development criminal law resources. Consult the official BNSS First Schedule for procedural classification.
Legal information only. Application of the law depends on the facts, dates and applicable procedural provisions.