IPC 345 to BNS 127(5): Wrongful confinement of person for whose liberation writ has been issued
Section 345 IPC (1860) replaced by Section 127(5) BNS (2023)
IPC 345 to BNS 127(5) at a Glance
Section 345 IPC (Wrongful confinement of person for whose liberation writ has been issued) is now Section 127(5) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.
What Changed From IPC 345 to BNS 127(5)?
Section 345 IPC is succeeded by Section 127(5) BNS. Under the Bharatiya Nyaya Sanhita, wrongful confinement offences are unified into Section 127 BNS, with wrongful confinement following the issuance of a liberation writ placed in sub-section 5. The primary change in punishment is that Section 127(5) BNS adds liability to fine, whereas Section 345 IPC authorized imprisonment alone. The substantive requirement that imprisonment of up to two years runs in addition to any other term of imprisonment for wrongful confinement remains unchanged.
IPC 345 vs BNS 127(5): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 345 | 127(5) |
| Offence | Wrongful confinement of person for whose liberation writ has been issued | Same |
| Punishment | Imprisonment of either description for a term which may extend to two years, in addition to any term of imprisonment to which the offender may be liable under any other section of Chapter XVI. | Imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which the offender may be liable under any other section of the Chapter under Section 127(5) BNS, unchanged from the earlier law. |
| Fine | None prescribed by this section. | The offender is also liable to fine under Section 127(5) BNS, whereas no fine was provided under the earlier law. |
| Bail | Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 345 and BNS 127(5): Bare Act Text Side by Side
Section 345, IPC 1860
Section 127(5), BNS 2023
Ingredients: IPC 345 vs BNS 127(5)
- A person was kept in wrongful confinement within the meaning of Section 340 IPC
- A writ for the liberation of that person had been duly issued
- The accused knew that such writ for liberation had been duly issued
- The accused continued to keep the person in wrongful confinement notwithstanding such knowledge
- Keeping any person in wrongful confinement under Section 127(1) BNS
- Knowing that a writ for the liberation of that person has been duly issued
- Maintaining confinement in defiance of the liberation writ
What IPC 345 to BNS 127(5) Means for Pending Cases
FAQs: IPC 345 to BNS 127(5)
What changed from Section 345 IPC to Section 127(5) BNS?▼
Section 127(5) BNS adds liability to fine, which was absent under Section 345 IPC, while retaining the additional imprisonment term of up to two years and all substantive ingredients.
Where is Section 345 IPC located in the Bharatiya Nyaya Sanhita?▼
Section 345 IPC is codified as sub-section 5 of Section 127 BNS, in Chapter VI, Of Offences Affecting the Human Body.
Does Section 345 IPC or Section 127(5) BNS apply to an act done before 1 July 2024?▼
Section 345 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 345 IPC. Section 127(5) 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 ·