IPC 340 to BNS 127(1): Wrongful confinement
Section 340 IPC (1860) replaced by Section 127(1) BNS (2023)
IPC 340 to BNS 127(1) at a Glance
Section 340 IPC (Wrongful confinement) is now Section 127(1) BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 340 to BNS 127(1)?
Section 340 IPC is succeeded by Section 127(1) BNS. Under the Bharatiya Nyaya Sanhita, Section 127 BNS consolidates wrongful confinement, placing the definition and its two illustrations in sub-section 1, while the punishments previously scattered across Section 342 to Section 348 IPC are enacted in sub-sections 2 through 8. The statutory wording and elements of the definition are carried forward unchanged.
IPC 340 vs BNS 127(1): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 340 | 127(1) |
| Offence | Wrongful confinement | Same |
| Punishment | Section 340 IPC is a definition and prescribes no term of imprisonment. Punishment for wrongful confinement is enacted in Section 342 IPC as imprisonment of either description for up to one year, or fine, or both. | Section 127(1) BNS is a definition clause and prescribes no term of imprisonment by itself. General punishment for wrongful confinement is provided under Section 127(2) BNS as imprisonment of either description for a term which may extend to one year, or fine, or both. |
| Fine | No fine is prescribed under Section 340 IPC; fine is imposed under Section 342 IPC. | No fine is prescribed in Section 127(1) BNS itself; under Section 127(2) BNS, the fine for wrongful confinement may extend to five thousand rupees. |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 340 and BNS 127(1): Bare Act Text Side by Side
Section 340, IPC 1860
Section 127(1), BNS 2023
Ingredients: IPC 340 vs BNS 127(1)
- The accused wrongfully restrained any person within the meaning of Section 339 IPC
- The restraint was in such a manner as to prevent that person from proceedings beyond certain circumscribing limits
- Wrongfully restraining any person under Section 126(1) BNS
- Preventing that person from proceeding beyond certain circumscribing limits under Section 127(1) BNS
What IPC 340 to BNS 127(1) Means for Pending Cases
FAQs: IPC 340 to BNS 127(1)
What changed from Section 340 IPC to Section 127(1) BNS?▼
The definition of wrongful confinement and its two illustrations are carried over unchanged into Section 127(1) BNS, with the penal provisions formerly in Section 342 to Section 348 IPC consolidated into sub-sections 2 through 8 of Section 127 BNS.
Where is Section 340 IPC located in the Bharatiya Nyaya Sanhita?▼
In Section 127(1) BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of wrongful restraint and wrongful confinement.
Does Section 340 IPC or Section 127(1) BNS apply to an act done before 1 July 2024?▼
Section 340 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 340 IPC. Section 127(1) BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·