What is Section 365 IPC? Kidnapping or abducting with intent secretly to confine person
Published on: Lawiz Team
Learn about Section 365 IPC: Kidnapping or abducting with intent secretly to confine person
Official Legal Text
Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 365 punishes anyone who kidnaps or abducts a person with the intention of secretly and wrongfully confining them.
Purpose
To protect individuals from being secretly confined or imprisoned against their will.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The person must be kidnapped or abducted. 2. The intent must be to secretly and wrongfully confine them. 3. The confinement must be without lawful authority.
Punishment Details
Imprisonment of up to seven years, and a fine.
Illustrative Example
If a person is kidnapped and locked in a hidden room without anyone knowing their location, it is an offence under Section 365.
Legal Defenses
If the accused can prove that the person willingly accompanied them or that the confinement was lawful, they may be acquitted.
Related Sections
Related to Section 364 (Kidnapping to murder) and Section 366 (Kidnapping to compel marriage).
FAQs
What does Section 365 IPC define?
Kidnapping or abducting with intent to secretly and wrongfully confine a person.
Punishment for Section 365 IPC?
Imprisonment up to 7 years and fine.
Is it cognizable?
Yes, it is cognizable and non-bailable.
Example?
Abducting someone to detain them secretly without legal authority.
Filing complaint?
At nearest police station with full incident details.
Jurisdiction?
Sessions Court.
Defences?
Lack of secret confinement or lawful justification.