Section 340 IPC: Wrongful confinement
Indian Penal Code, 1860
Section 340 IPC at a Glance
Section 340 IPC deals with wrongful confinement. From 1 July 2024 it is replaced by Section 127(1) BNS.
Section 340 IPC is a definition and prescribes no term of imprisonment. Punishment for wrongful confinement is enacted in Section 342 IPC as imprisonment of either description for up to one year, or fine, or both.
Section 340 IPC Bare Act Text
340. Wrongful confinement
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person.
Illustrations(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
Source: Section 340, Indian Penal Code, 1860
Section 340 IPC in Simple Words
Section 340 of the Indian Penal Code (IPC) defines wrongful confinement.
A person is said wrongfully to confine another when that person wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits.
The section is definitional and prescribes no penalty of its own; punishment is enacted in Section 342 IPC, with aggravated penalties in Section 343 to Section 348 IPC.
Ingredients of Section 340 IPC
- 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 proceedings beyond certain circumscribing limits
Punishment Under Section 340 IPC
Section 340 IPC is a definition and prescribes no term of imprisonment. Punishment for wrongful confinement is enacted in Section 342 IPC as imprisonment of either description for up to one year, or fine, or both.
No fine is prescribed under Section 340 IPC; fine is imposed under Section 342 IPC.
Wrongful confinement consists of wrongfully restraining a person so as to prevent movement beyond circumscribed limits in all directions. As a definition section, Section 340 IPC carries no entry in the First Schedule to the CrPC, and punishment is provided under Section 342 IPC.
Example of Section 340 IPC
When Section 340 IPC Does Not Apply
- Section 340 IPC does not apply when a person is blocked from going down one path but remains free to depart in other directions.
- Section 340 IPC does not apply when the person stays inside a room or boundary voluntarily without any unlawful restraint.
- Section 340 IPC does not apply when a private passage is closed by someone who in good faith believes he has a lawful right to obstruct it.
- Section 340 IPC does not apply when the person is detained under lawful authority rather than through wrongful restraint.
Section 340 IPC in the BNS
Section 340 IPC is now covered under Section 127(1) BNS.
Section 340 IPC is succeeded by Section 127(1) BNS. Under the Bharatiya Nyaya Sanhita, Section 127(1) BNS consolidates wrongful confinement, placing the definition and its two illustrations in sub-section 1, while the punishments previously scattered across Section 342 to Section 348 IPC are enacted in sub-sections 2 through 8. The statutory wording and elements of the definition are carried forward unchanged.
View detailed comparison (IPC 340 vs BNS 127(1)) →FAQs on Section 340 IPC
What does Section 340 IPC define?▼
Section 340 IPC defines wrongful confinement as wrongfully restraining any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits.
What punishment is prescribed under Section 340 IPC?▼
Section 340 IPC is purely a definition section and prescribes no punishment; the penalty for wrongful confinement is provided under Section 342 IPC and subsequent sections.
Is Section 340 IPC listed in the First Schedule to the CrPC?▼
No, Section 340 IPC has no row in the First Schedule to the CrPC because procedural classifications attach to the punishing sections such as Section 342 IPC.
How does wrongful confinement differ from wrongful restraint under Section 339 IPC?▼
Wrongful restraint prevents a person from proceeding in a particular direction where that person has a right to go, whereas wrongful confinement confines a person within a total circumscribed boundary in all directions.
Under Section 340 IPC, does wrongful confinement require a locked room or physical wall?▼
No, physical barriers are not required; under the second illustration to Section 340 IPC, placing armed men at building outlets with threats to fire constitutes wrongful confinement.
What are the illustrations provided in Section 340 IPC?▼
The first illustration involves locking Z inside a walled space, while the second illustration involves placing men with firearms at building outlets to prevent Z from leaving.
Does Section 340 IPC require a minimum duration of confinement?▼
No. Section 340 IPC states no minimum period. Confinement for three days, or more, or for ten days, or more, attracts the higher punishments in Section 343 IPC and Section 344 IPC.
What is the equivalent provision for Section 340 IPC in the Bharatiya Nyaya Sanhita?▼
Section 340 IPC corresponds to Section 127(1) BNS, which retains the same definition and illustrations.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·