What is Section 345 IPC? Wrongful confinement of person for whose liberation writ issued
Published on: Lawiz Team
Learn about Section 345 IPC: Wrongful confinement of person for whose liberation writ issued
Official Legal Text
Whoever, knowing that a writ has been issued by any Court of Justice for the liberation of any person in his custody, wrongfully conceals or confines such person in disobedience to such writ, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to any other punishment to which he may be liable for such wrongful concealment or confinement.
What This IPC Section Means – Explained in Simple Words
Section 345 punishes anyone who wrongfully confines another person while concealing them, making it difficult for others to discover their location.
Purpose
To penalize individuals who confine others secretly, making it difficult for authorities or family to locate them.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, and fine.
Key Elements
1. The person must be confined. 2. The confinement must be kept secret or concealed. 3. The intent must be to prevent the person from being discovered.
Punishment Details
Imprisonment of up to two years, or a fine, or both.
Illustrative Example
If a person is locked in a basement and prevented from contacting anyone for several days, it is wrongful confinement with concealment under Section 345.
Legal Defenses
If the confinement is lawful, such as protective custody by police, it is not wrongful confinement.
Related Sections
Related to Section 344 (Confinement for ten or more days) and Section 346 (Wrongful confinement of a person in secret).
FAQs
What is Section 345 IPC about?
Wrongful confinement of person for whose liberation writ has been issued
What is the punishment under Section 345 IPC?
Punishment details depend on the offence specifics under Section 345 IPC.
Is the offence under Section 345 IPC bailable or non-bailable?
Depends on the severity and judicial discretion for Section 345 IPC.
How to file a case under Section 345 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 345 IPC?
Possible defences include lack of intent, mistake of fact, and false implication.
Can you give an example situation under Section 345 IPC?
Examples vary but would typically involve scenarios covered by 'Wrongful confinement of person for whose liberation writ has been issued'.
Are there important case laws related to Section 345 IPC?
Specific case laws illustrate the interpretation of Section 345 IPC.