What is Section 368 IPC? Wrongfully concealing kidnapped or abducted person
Published on: Lawiz Team
Learn about Section 368 IPC: Wrongfully concealing kidnapped or abducted person
Official Legal Text
Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.
What This IPC Section Means – Explained in Simple Words
Section 368 punishes anyone who wrongfully conceals, confines, or detains a person who has been kidnapped or abducted.
Purpose
To prevent individuals from hiding or wrongfully confining kidnapped or abducted persons.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Same as for the offence of kidnapping or abduction.
Key Elements
1. The person must be kidnapped or abducted. 2. They must be wrongfully confined or concealed. 3. The act must be done without lawful authority.
Punishment Details
The same punishment as for the offence of kidnapping or abduction.
Illustrative Example
If a person knows that someone has been kidnapped and hides them in their house, it is an offence under Section 368.
Legal Defenses
If the accused can prove they were unaware of the kidnapping or acted under lawful authority, they may be acquitted.
Related Sections
Related to Section 364 (Kidnapping to murder) and Section 370 (Trafficking of persons).
FAQs
What is covered under Section 368 IPC?
Wrongful concealment or confinement of kidnapped or abducted persons.
Punishment under Section 368 IPC?
Punished with same imprisonment as for kidnapping or abduction.
Cognizable?
Yes, and non-bailable.
Example?
Hiding a kidnapped child in secret place.
How to lodge complaint?
File FIR at police station.
Jurisdiction?
Sessions Court.
Possible defence?
Unawareness of kidnapping may be a defence.