What is Section 346 IPC? Wrongful confinement in secret
Published on: Lawiz Team
Learn about Section 346 IPC: Wrongful confinement in secret
Official Legal Text
Whoever wrongfully confines any person in such a manner as to prevent that person from applying to a public servant for his release,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 confinement.
What This IPC Section Means – Explained in Simple Words
Section 346 punishes anyone who wrongfully confines another person in a secret manner, preventing them from being discovered or rescued.
Purpose
To ensure stricter punishment for wrongful confinement where the victim is concealed or hidden, making it difficult for others to find 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 hidden. 3. The intent must be to prevent the person from being discovered or rescued.
Punishment Details
Imprisonment of up to two years, or a fine, or both.
Illustrative Example
If a person is locked in a hidden basement and denied access to communication, it is wrongful confinement in secret under Section 346.
Legal Defenses
If the confinement is lawful, such as in protective custody, or if the person is willingly staying, it is not wrongful confinement.
Related Sections
Related to Section 345 (Confinement with concealment) and Section 342 (Wrongful confinement).
FAQs
What is Section 346 IPC about?
Wrongful confinement in secret
What is the punishment under Section 346 IPC?
Punishment details depend on the offence specifics under Section 346 IPC.
Is the offence under Section 346 IPC bailable or non-bailable?
Depends on the severity and judicial discretion for Section 346 IPC.
How to file a case under Section 346 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 346 IPC?
Possible defences include lack of intent, mistake of fact, and false implication.
Can you give an example situation under Section 346 IPC?
Examples vary but would typically involve scenarios covered by 'Wrongful confinement in secret'.
Are there important case laws related to Section 346 IPC?
Specific case laws illustrate the interpretation of Section 346 IPC.