What is Section 348 IPC? Wrongful confinement to extort confession
Published on: Lawiz Team
Learn about Section 348 IPC: Wrongful confinement to extort confession
Official Legal Text
Whoever wrongfully confines any person for the purpose of extorting from the person confined, or any person interested in the person confined, any confession or any information which may lead to the detection of an offence or misconduct,or for the purpose of constraining the person confined, or any person interested in such person, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand,shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 348 punishes anyone who wrongfully confines another person with the intent to extort a confession, or to force them to restore property, or to force them to do something illegal.
Purpose
To prevent individuals from using wrongful confinement as a means to extort confessions, force restoration of property, or compel illegal acts.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, and fine.
Key Elements
1. The person must be confined. 2. The confinement must be wrongful. 3. The intent must be to extort confession, force restoration of property, or compel illegal acts.
Punishment Details
Imprisonment of up to three years, or a fine, or both.
Illustrative Example
If a person locks another in a room to force them to sign a document admitting guilt, it is wrongful confinement under Section 348.
Legal Defenses
If the confinement is lawful, such as protective custody by police, or if the person willingly stays, it is not wrongful confinement.
Related Sections
Related to Section 347 (Confinement for extortion) and Section 342 (Wrongful confinement).
FAQs
What is Section 348 IPC about?
Wrongful confinement to extort confession or compel restoration of property
What is the punishment under Section 348 IPC?
Punishment details depend on the offence specifics under Section 348 IPC.
Is the offence under Section 348 IPC bailable or non-bailable?
Depends on the severity and judicial discretion for Section 348 IPC.
How to file a case under Section 348 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 348 IPC?
Possible defences include lack of intent, mistake of fact, and false implication.
Can you give an example situation under Section 348 IPC?
Examples vary but would typically involve scenarios covered by 'Wrongful confinement to extort confession or compel restoration of property'.
Are there important case laws related to Section 348 IPC?
Specific case laws illustrate the interpretation of Section 348 IPC.