What is Section 342 IPC? Punishment for wrongful confinement
Published on: Lawiz Team
Learn about Section 342 IPC: Punishment for wrongful confinement
Official Legal Text
Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
What This IPC Section Means – Explained in Simple Words
Section 342 punishes anyone who wrongfully confines another person, restricting their movement within certain limits without lawful authority.
Purpose
To protect individuals from being unlawfully confined or detained against their will.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine up to 1,000 rupees, or both.
Key Elements
1. The person must be confined within certain limits. 2. The confinement must be without lawful justification. 3. The person must be unable to move beyond the confined space.
Punishment Details
Simple imprisonment for up to one year, or a fine up to 1,000 rupees, or both.
Illustrative Example
If a person locks another in a room without their consent and without any lawful reason, it is wrongful confinement.
Legal Defenses
If the confinement is lawful, such as for protective custody by police, it is not wrongful confinement.
Related Sections
Related to Section 341 (Wrongful restraint) and Section 343 (Confinement for three or more days).
FAQs
What is Section 342 IPC about?
Punishment for wrongful confinement
What is the punishment under Section 342 IPC?
Punishment details depend on the offence specifics under Section 342 IPC.
Is the offence under Section 342 IPC bailable or non-bailable?
Depends on the severity and judicial discretion for Section 342 IPC.
How to file a case under Section 342 IPC?
You can approach the local police station and file an FIR mentioning necessary facts.
What are the possible defences against a charge under Section 342 IPC?
Possible defences include lack of intent, mistake of fact, and false implication.
Can you give an example situation under Section 342 IPC?
Examples vary but would typically involve scenarios covered by 'Punishment for wrongful confinement'.
Are there important case laws related to Section 342 IPC?
Specific case laws illustrate the interpretation of Section 342 IPC.