Indian Criminal Law | IPC and BNS

IPC Section 368 and BNS Section 142: Wrongfully Concealing or Confining a Kidnapped Person

Section 368 of the Indian Penal Code, 1860 addressed the wrongful concealment or confinement of a person known to have been kidnapped or abducted. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 142.

Current law: The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Section 142 generally applies to offences committed from that date. Section 368 IPC remains relevant to earlier conduct, subject to applicable savings and transitional provisions.

Text of Section 368 of the Indian Penal Code, 1860

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.

Section 142 of the Bharatiya Nyaya Sanhita, 2023

Section 142, titled Wrongfully concealing or keeping in confinement, kidnapped or abducted person, substantially retains the wording and legal principle of former IPC Section 368. A person who knowingly and wrongfully conceals or confines someone who has been kidnapped or abducted is punished as though that person had committed the kidnapping or abduction with the same intention, knowledge or purpose.

Read the official BNS chapter text published by the National Crime Records Bureau and the Bureau of Police Research and Development BNS reference PDF.

Essential ingredients of the offence

  • Prior kidnapping or abduction: The person concealed or confined must have been kidnapped or abducted.
  • Knowledge: The accused must know that the person has been kidnapped or abducted.
  • Wrongful concealment or confinement: The accused must wrongfully hide the person or keep that person confined.
  • Intention, knowledge or purpose: The relevant mental element or purpose determines the punishment by reference to the underlying kidnapping or abduction offence.

Actual participation in the initial kidnapping or abduction is not an express requirement of this provision. Mere association with an alleged kidnapper, without proof of the statutory elements, is not sufficient by itself.

Meaning of important legal terms

Kidnapping

Under Section 137 BNS, kidnapping includes kidnapping from India and kidnapping from lawful guardianship, subject to the statutory definitions and exceptions. The former IPC provisions include Sections 360 and 361.

Abduction

Under Section 138 BNS, a person abducts another by compelling that person by force, or by deceitful means inducing that person, to go from any place. The corresponding former IPC definition is Section 362.

Wrongful confinement

Section 127 BNS addresses wrongful confinement, broadly involving wrongful restraint that prevents a person from proceeding beyond circumscribed limits. The corresponding former IPC provision is Section 340.

Knowledge and purpose

The prosecution must establish the accused's knowledge of the kidnapping or abduction and the wrongful concealment or confinement. The intention, knowledge or purpose associated with that conduct is relevant to the applicable punishment.

Punishment under IPC Section 368 and BNS Section 142

There is no single fixed imprisonment term in Section 368 IPC or Section 142 BNS. The punishment is the same as would apply if the accused had kidnapped or abducted the person with the same intention, knowledge or purpose. Accordingly, the applicable punishment depends on the facts and the underlying kidnapping or abduction offence.

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under BNS Section 142 is classified as cognizable and non-bailable, and is triable by the court competent to try the relevant kidnapping or abduction offence. Non-bailable does not mean bail can never be granted.

Practical example

If a person knows that someone has been abducted and deliberately keeps that person hidden or confined to further the purpose of the abduction, Section 142 BNS may apply even if the person did not carry out the initial abduction. Whether the charge is proved depends on the evidence of knowledge, wrongful concealment or confinement and the relevant purpose.

IPC Section 368 and BNS Section 142: What changed?

The substantive wording has been carried forward without a material change. The principal change is the replacement of the IPC provision by the corresponding BNS provision for conduct governed by the new law. For earlier offences, the IPC and relevant savings provisions must be considered.

Frequently asked questions

What is the BNS equivalent of IPC Section 368?

Section 142 of the Bharatiya Nyaya Sanhita, 2023.

Is the punishment always ten years?

No. The section refers to the punishment applicable to the corresponding kidnapping or abduction offence with the same intention, knowledge or purpose.

Can a person be liable without taking part in the original kidnapping?

Yes. Knowing and wrongful concealment or confinement may independently attract this provision if the required elements are established.

Does IPC Section 368 still matter after 1 July 2024?

Yes. It remains relevant to conduct committed before the commencement of the BNS, subject to the applicable legal provisions.

Official legal references

This article provides general legal information. The statutory text, commencement date, applicable savings provisions and facts of the particular case should be checked before relying on it in proceedings.