IPC 368→BNS 142

IPC 368 to BNS 142: Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Section 368 IPC (1860) replaced by Section 142 BNS (2023)

View IPC Section 368 →View BNS Section 142 →

IPC 368 to BNS 142 at a Glance

Section 368 IPC (Wrongfully concealing or keeping in confinement, kidnapped or abducted person) is now Section 142 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 368 to BNS 142?

Section 368 IPC is now Section 142 BNS. The statutory text, title, and punishment by reference to the underlying kidnapping or abduction offence remain identical in substance.

IPC 368 vs BNS 142: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section368142
OffenceWrongfully concealing or keeping in confinement, kidnapped or abducted personSame
PunishmentPunishment corresponds to the underlying kidnapping or abductionSame
FineLiability to fine corresponds to the underlying kidnapping or abductionSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt by which the kidnapping or abduction is triableSame

IPC 368 and BNS 142: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 368, IPC 1860

368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.—Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.
BNS 2023 (in force)

Section 142, BNS 2023

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.

Ingredients: IPC 368 vs BNS 142

Under IPC 368
  1. A person has been kidnapped or has been abducted
  2. The accused knew that such person had been kidnapped or abducted
  3. The accused wrongfully concealed or confined such person
Under BNS 142
  1. A person has been kidnapped or abducted
  2. Knowledge on the part of the accused that the person has been kidnapped or abducted
  3. Wrongful concealment or confinement of such person by the accused
  4. Punishment in the same manner as if the accused had kidnapped or abducted such person with the same intention, knowledge, or purpose under Section 142 BNS

What IPC 368 to BNS 142 Means for Pending Cases

For Section 368 IPC (now Section 142 BNS): under Section 142 BNS, the offence and punishment are unchanged. A charge for an act done after the BNS came into force cites Section 142 BNS and is framed on the same elements as before.

FAQs: IPC 368 to BNS 142

What changed between Section 368 IPC and Section 142 BNS?▼

The provisions are identical in substance. Section 142 BNS carries forward the title, ingredients, and referenced sentencing framework of Section 368 IPC without alteration.

Where is Section 368 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 368 IPC is codified as Section 142 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the heading Of kidnapping, abduction, slavery and forced labour.

Does Section 368 IPC or Section 142 BNS apply to an act done before 1 July 2024?▼

Section 368 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 368 IPC. Section 142 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: 17 Oct 2026 ·