IPC Section 368 — Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Summary

If a person knows that someone has been kidnapped or abducted, and then hides that person or keeps them locked up, that person can be punished just as if they themselves had done the kidnapping or abduction. The punishment will be based on the same intention, knowledge, or purpose that the person had when they hid or confined the victim.

Official Text

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.

Related Judgments

• NAYAB & ANR. vs STATE — Delhi High Court (2022)
• MADHURI BANDOONI vs STATE (NCT OF DELHI) and Ors — Delhi High Court (2020)
• BIRBAL CHOUDHARY@ MUKHIYA JEE vs STATE OF BIHAR — Supreme Court of India (2017)
• OM PRAKASH vs STATE OF HARYANA — Supreme Court of India (2011)

Old <-> New Code Mapping

• BNS §142 — Wrongfully concealing or keeping in confinement, kidnapped or abducted person