Section 142 BNS: Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Bharatiya Nyaya Sanhita, 2023

Section 142 BNS at a Glance

Section 142 BNS deals with wrongfully concealing or keeping in confinement, kidnapped or abducted person. It is non-bailable and cognizable, triable by the Court by which the kidnapping or abduction is triable; it replaced Section 368 IPC on 1 July 2024.

Punishment

The offender shall be punished with the same imprisonment as if he had kidnapped or abducted the person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains the person in confinement.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court by which the kidnapping or abduction is triable ⓘ

IPC Equivalent

Section 368 →

Section 142 BNS Bare Act Text

142. 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.

Source: Section 142, Bharatiya Nyaya Sanhita, 2023

Section 142 BNS in Simple Words

Section 142 of the Bharatiya Nyaya Sanhita (BNS) deals with wrongfully concealing or keeping in confinement a person who has already been kidnapped or abducted. It applies to any person who knows that someone has been kidnapped or abducted and then wrongfully conceals or confines that victim, even if the accused did not carry out the original kidnapping or abduction.

Two points in the enacted text are essential. First, knowledge is required: the offender must know that the victim has been kidnapped or abducted. Second, the offender must wrongfully conceal the victim, meaning hide them, or wrongfully confine them, meaning keep them detained in confinement.

Instead of fixing a single standalone term of imprisonment or fine, Section 142 BNS states that the offender shall be punished in the same manner as if they had kidnapped or abducted the person themselves with the same intention or knowledge, or for the same purpose, as that with or for which they conceal or detain the person in confinement.

Ingredients of Section 142 BNS

A person has been kidnapped or abducted
The accused knew that the person had been kidnapped or abducted
The accused wrongfully concealed or confined that person
The concealment or confinement was of that kidnapped or abducted person

Punishment Under Section 142 BNS

Imprisonment

Fine

Fine applies in the same manner as prescribed for kidnapping or abducting the person with the same intention, knowledge, or purpose.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court by which the kidnapping or abduction is triable ⓘ

Whoever knowingly and wrongfully conceals or confines a kidnapped or abducted person shall be punished in the same manner as if he had kidnapped or abducted that person with the same intention, knowledge, or purpose.

Example of Section 142 BNS

After taking Lakshmi against her will from the outskirts of Rajkot, Rakesh kept her away from any contact with her family. Devendra knew she had been abducted because Rakesh himself told him, and Lakshmi was frightened and asking to be let go. Even so, Devendra hid her in a locked back room of his workshop for two days and falsely told local people that she had gone to Ahmedabad. Devendra did not do the original taking, but he knowingly wrongfully concealed and confined a person who had already been abducted, so Section 142 BNS applies to him.

When Section 142 BNS Does Not Apply

The accused did not know the person had been kidnapped or abducted
The person was neither kidnapped nor abducted in the first place
The accused gave shelter without concealing or confining the person
The confinement was not wrongful

Section 142 BNS in the IPC (Previous Law)

Section 142 BNS replaces Section 368 IPC from the old criminal code.

Section 142 BNS corresponds to Section 368 IPC. The offence of wrongfully concealing or keeping in confinement a kidnapped or abducted person and its punishment by reference to the underlying kidnapping or abduction offence remain unchanged.

View IPC Section 368 →

FAQs on Section 142 BNS

What does Section 142 of the Bharatiya Nyaya Sanhita cover?▼

Section 142 BNS covers a person who knows someone has been kidnapped or abducted and then wrongfully conceals or confines that person. In simple words, it applies even if the person did not do the kidnapping or abduction themselves, but knowingly hid or kept the victim confined.

What has to be proved under Section 142 BNS?▼

The prosecution must show that the accused knew the person had been kidnapped or abducted. It must also show that the accused wrongfully concealed that person or kept them in confinement.

What is the punishment under Section 142 of the Bharatiya Nyaya Sanhita?▼

The section says the person shall be punished in the same manner as if they had themselves kidnapped or abducted that person. The punishment therefore depends on the kidnapping or abduction involved, and on the same intention, knowledge, or purpose connected with the concealment or confinement.

How is Section 142 BNS different from actually kidnapping or abducting someone?▼

Section 142 BNS deals with hiding or confining a person after knowing that they were already kidnapped or abducted. So the focus is not on the original taking away, but on the later wrongful concealment or confinement of that person.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·