IPC Section 347: Wrongful Confinement to Extort Property or Compel an Illegal Act
Section 347 of the Indian Penal Code, 1860 penalised wrongful confinement intended to extort property or valuable security, force an illegal act, or obtain information facilitating an offence. Its corresponding current provision is Section 127(7) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did IPC Section 347 provide?
The former Section 347 applied where a person wrongfully confined another person for the purpose of extorting property or valuable security from the confined person or someone interested in that person, or to compel either person to do something illegal or disclose information that might facilitate an offence.
The punishment under IPC Section 347 was imprisonment of either description for a term extending to three years, together with liability to fine. The provision addressed confinement undertaken with a specified coercive purpose, not merely restriction of movement.
Corresponding law: BNS Section 127(7)
Section 127(1) BNS defines wrongful confinement as wrongfully restraining a person so as to prevent that person from proceeding beyond certain circumscribing limits. Under Section 127(7), confinement with a purpose of extorting property or valuable security, compelling an illegal act, or procuring information facilitating an offence attracts the enhanced offence provision.
The purpose may concern the confined person or another person interested in them. Actual delivery of property is not necessarily required to establish the specified purpose, although the prosecution must prove the elements of the offence on the evidence.
Essential ingredients of the offence
- Wrongful confinement: The accused restricted the person's freedom to move beyond defined limits without lawful justification.
- Specified purpose: The confinement was intended to extort property or valuable security, compel an illegal act, or secure information facilitating an offence.
- Connection: The coercive purpose concerned the confined person or someone interested in that person.
- Proof: The prosecution must establish the applicable elements beyond reasonable doubt.
Punishment and procedural classification
| Legal provision | Position |
|---|---|
| Former IPC Section 347 | Imprisonment of either description up to 3 years and liability to fine |
| Current BNS Section 127(7) | Imprisonment of either description up to 3 years and liability to fine |
| Nature under the BNSS First Schedule | Cognizable |
| Bail classification | Bailable |
| Trial court | Any Magistrate |
Illustrative examples
Demand for money: A unlawfully locks B inside a room and demands that B's family transfer money before B will be released. Depending on the facts and proof, this may attract Section 127(7) and potentially other applicable offences.
Compelling an illegal act: A prevents B from leaving a premises to force B to commit an unlawful act. The specific coercive purpose distinguishes this conduct from ordinary wrongful confinement.
Obtaining information: A confines B to compel disclosure of information intended to facilitate a separate criminal offence. The confinement and its purpose may satisfy Section 127(7).
Difference between ordinary wrongful confinement and confinement for extortion
Ordinary wrongful confinement is addressed by BNS Section 127(2), while Section 127(7) requires proof of one of the additional prohibited purposes. Depending on the duration and circumstances, other subsections of Section 127 or other offences may also be relevant.
Frequently asked questions
Is IPC Section 347 still applicable?
For offences committed from 1 July 2024 onward, the corresponding substantive provision is generally BNS Section 127(7). Earlier conduct requires consideration of the repeal, savings provisions and applicable procedural law.
What is the punishment under BNS Section 127(7)?
Imprisonment of either description for up to three years, with liability to fine.
Is the offence bailable?
Yes. The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies BNS Section 127(7) as cognizable and bailable, triable by any Magistrate.
Must money actually be paid for the offence to arise?
The section focuses on wrongful confinement for a prohibited purpose. The relevant intention may be proved even if the attempted extortion does not succeed, subject to the facts of the case.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - official NCRB statutory text
- Official IPC to BNS correspondence table
- Bharatiya Nagarik Suraksha Sanhita - First Schedule offence classification
- India Code - central legislation portal
Disclaimer: This article is general legal information. The applicable provisions and procedural consequences depend on the date, facts and circumstances of each case.