IPC Section 342

BNS Section 127— Wrongful confinement

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the IPC.

Defines wrongful confinement as restraining a person within circumscribing limits, and prescribes a graduated set of punishments depending on the duration of confinement and the purpose for which it is carried out, including aggravated forms for secret confinement and confinement for extortion.

Punishment

S.127(2) – Basic: imprisonment of either description up to 1 year, or fine up to ₹5,000, or both. S.127(3) – 3 or more days: up to 3 years, or fine up to ₹10,000, or both. S.127(4) – 10 or more days: up to 5 years, and mandatory fine not less than ₹10,000. S.127(5) – Confinement despite writ of liberation: up to 2 years additional imprisonment and fine. S.127(6) – Secret confinement: up to 3 years additional imprisonment and fine. S.127(7) – For extortion of property/valuable security or to compel illegal act: up to 3 years and fine. S.127(8) – For extorting confession/information or restoration of property: up to 3 years and fine.

Triable by

Magistrate of First Class

Cognizable

Depends

Bailable

Depends