(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine.
IPC Section 345 in BNS: Section 127(5)
Wrongful confinement of person for whose liberation writ has been issued
Section 345 of the Indian Penal Code, 1860 (Wrongful confinement of person for whose liberation writ has been issued) corresponds to Section 127(5) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 127(5) is cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 2 years in addition to any term of imprisonment to under any other section and fine.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 127(5) | Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation. | Imprisonment for 2 years in addition to any term of imprisonment to under any other section and fine. | Cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 127(5)
Full BNS Section 127 and every IPC section it replaced →
Other IPC sections now in BNS 127
- IPC 340: Wrongful confinement → BNS 127
- IPC 342: Punishment for wrongful confinement → BNS 127(2)
- IPC 343: Wrongful confinement for three or more days → BNS 127(3)
- IPC 344: Wrongful confinement for ten or more days → BNS 127(4)
- IPC 346: Wrongful confinement in secret → BNS 127(6)
- IPC 347: Wrongful confinement to extort property, or constrain to illegal act → BNS 127(7)
- IPC 348: Wrongful confinement to extort confession, or compel restoration of property → BNS 127(8)
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