IPC 346→BNS 127(6)

IPC 346 to BNS 127(6): Wrongful confinement in secret

Section 346 IPC (1860) replaced by Section 127(6) BNS (2023)

View IPC Section 346 →View BNS Section 127(6) →

IPC 346 to BNS 127(6) at a Glance

Section 346 IPC (Wrongful confinement in secret) is now Section 127(6) 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 346 to BNS 127(6)?

Section 346 IPC is succeeded by Section 127(6) BNS. Under the Bharatiya Nyaya Sanhita, wrongful confinement provisions are consolidated into Section 127 BNS, with secret wrongful confinement enacted in sub-section 6. The maximum additive imprisonment increases from two years under Section 346 IPC to three years under Section 127(6) BNS. In addition, Section 127(6) BNS adds express liability to fine where Section 346 IPC provided no monetary penalty.

IPC 346 vs BNS 127(6): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section346127(6)
OffenceWrongful confinement in secretSame
PunishmentImprisonment of either description for a term which may extend to two years, in addition to any other punishment to which the offender may be liable for the wrongful confinement.Imprisonment of either description for a term which may extend to three years in addition to any other punishment for such wrongful confinement under Section 127(6) BNS, increased from up to two years under the earlier law.
FineNone prescribed by this section.The offender is also liable to fine under Section 127(6) BNS, whereas no fine was prescribed under the earlier law.
BailBailableSame
CognizanceCognizableSame
CompoundableCompoundableSame
Triable ByMagistrate of the first classSame

IPC 346 and BNS 127(6): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 346, IPC 1860

346. Wrongful confinement in secret.—Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.
BNS 2023 (in force)

Section 127(6), BNS 2023

(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.

Ingredients: IPC 346 vs BNS 127(6)

Under IPC 346
  1. The accused wrongfully confined any person within the meaning of Section 340 IPC
  2. The confinement was carried out in a manner indicating an intention to conceal the confinement or the place of confinement
  3. The concealment was intended against any person interested in the person confined, or against any public servant
Under BNS 127(6)
  1. Wrongfully confining any person under Section 127(1) BNS
  2. Concealing the confinement or the place of confinement from interested persons or public servants under Section 127(6) BNS

What IPC 346 to BNS 127(6) Means for Pending Cases

For Section 346 IPC (now Section 127(6) BNS): under Section 127(6) BNS, the additional term rises from two years to three years and liability to fine is added. A charge for secret confinement after the BNS came into force cites Section 127(6) BNS with the definition in Section 127(1) BNS.

FAQs: IPC 346 to BNS 127(6)

What changed from Section 346 IPC to Section 127(6) BNS?▼

The maximum additive imprisonment term increased from two years under Section 346 IPC to three years under Section 127(6) BNS, and liability to fine was added.

Where is Section 346 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 346 IPC is codified as sub-section 6 of Section 127 BNS, in Chapter VI, Of Offences Affecting the Human Body.

Does Section 346 IPC or Section 127(6) BNS apply to an act done before 1 July 2024?▼

Section 346 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 346 IPC. Section 127(6) 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 ·