● Modified in BNS
Wrongfully confining someone carries up to 1 year's imprisonment, or fine up to Rs 5,000, or both under BNS Section 127(2) -- the fine ceiling raised fivefold from IPC 342's Rs 1,000, with the wrongful-restraint/confinement cluster now consolidated into one section.
Section 342 IPC punished wrongful confinement of any person with imprisonment of either description up to 1 year, or fine up to Rs 1,000, or both.
BNS Section 127 folds the old confinement definition (340) and punishment (342) into one section; sub-section (2) is the direct successor to 342, with the imprisonment term unchanged but the maximum fine raised from Rs 1,000 to Rs 5,000.
Imprisonment term unchanged; the maximum fine rises fivefold, consistent with the BNS's general updating of older fine ceilings.
Imprisonment of either description up to 1 year, or fine up to Rs 5,000 (up from Rs 1,000 under the IPC), or both..
IPC 342 is bailable..
This is a cognizable. offence.
Compoundable without the permission of the court, by the person restrained or confined..
Matters under IPC 342 are tried before the Any Magistrate..
Common defences include lawful authority or a bona fide claim of right to restrain the person, and the confinement being with the person's actual consent.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons