IPC 342 in BNS: Find the New Section and What Changed

What Changed From IPC 342 to BNS 127(2)?

Section 342 IPC is succeeded by Section 127(2) BNS. Under the Bharatiya Nyaya Sanhita, all wrongful confinement provisions formerly spanning Section 340 to Section 348 IPC are consolidated into Section 127 BNS, with general punishment enacted in sub-section 2. The maximum fine increases fivefold from one thousand rupees under Section 342 IPC to five thousand rupees under Section 127(2) BNS. The maximum term of imprisonment of either description remains one year, and procedural classifications continue without change.

IPC 342 vs BNS 127(2): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	342	127(2)
Offence	Punishment for wrongful confinement	Same
Punishment	Imprisonment of either description for a term which may extend to one year, or fine, or both.	Imprisonment of either description for a term which may extend to one year under Section 127(2) BNS, unchanged from the earlier law.
Fine	Fine which may extend to one thousand rupees, alone or with imprisonment.	Fine which may extend to five thousand rupees under Section 127(2) BNS, increased fivefold from one thousand rupees under the earlier law.
Bail	Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Compoundable	Same
Triable By	Any Magistrate	Same

IPC 342 and BNS 127(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 342, IPC 1860

342. Punishment for wrongful confinement.—Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

BNS 2023 (in force)

Section 127(2), BNS 2023

(2) Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

Ingredients: IPC 342 vs BNS 127(2)

Under IPC 342

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 proceeding beyond certain circumscribing limits within the meaning of Section 340 IPC

Under BNS 127(2)

Wrongfully confining any person under Section 127(1) BNS
Preventing that person from proceeding beyond certain circumscribing limits

What IPC 342 to BNS 127(2) Means for Pending Cases

For Section 342 IPC (now Section 127(2) BNS): under Section 127(2) BNS, the one-year maximum term is kept and the fine ceiling rises from one thousand rupees to five thousand rupees. A charge for confinement after the BNS came into force cites Section 127(2) BNS with the definition in Section 127(1) BNS. The aggravated forms of wrongful confinement are now Section 127(3) BNS to Section 127(8) BNS.

FAQs: IPC 342 to BNS 127(2)

What changed from Section 342 IPC to Section 127(2) BNS?▼

The maximum fine increased fivefold from one thousand rupees under Section 342 IPC to five thousand rupees under Section 127(2) BNS, while the maximum imprisonment of one year and procedural classifications remain unchanged.

Where is Section 342 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 342 IPC is codified as sub-section 2 of Section 127 BNS, in Chapter VI, Of Offences Affecting the Human Body.

Does Section 342 IPC or Section 127(2) BNS apply to an act done before 1 July 2024?▼

Section 342 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 342 IPC. Section 127(2) BNS governs acts done on or after 1 July 2024.

IPC 342 to BNS 127(2): Punishment for wrongful confinement

IPC 342 to BNS 127(2) at a Glance