Section 342 IPC: Punishment for wrongful confinement

Indian Penal Code, 1860

Section 342 IPC at a Glance

Section 342 IPC deals with punishment for wrongful confinement. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 127(2) BNS.

Punishment

Imprisonment of either description for a term which may extend to one year, or fine, or both.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 127(2) →

Section 342 IPC Bare Act Text

342. Punishment for wrongful confinement

Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Source: Section 342, Indian Penal Code, 1860

Section 342 IPC in Simple Words

Section 342 of the Indian Penal Code (IPC) prescribes the general punishment for wrongful confinement as defined in Section 340 IPC.

Whoever wrongfully confines any person is punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

The offence is cognizable, bailable, triable by any Magistrate, and compoundable under Section 320(1) CrPC without the permission of the court by the person confined.

Ingredients of Section 342 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 proceeding beyond certain circumscribing limits within the meaning of Section 340 IPC

Punishment Under Section 342 IPC

Imprisonment

Imprisonment of either description for a term which may extend to one year, or fine, or both.

Fine

Fine which may extend to one thousand rupees, alone or with imprisonment.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Wrongful confinement is punishable with imprisonment of either description for up to one year, or with fine of up to one thousand rupees, or with both.

Example of Section 342 IPC

In October 2018, at a private coaching hostel in Bhopal, warden Rajeev argued with resident student Tarun over a broken reading lamp. Without lawful justification, Rajeev directed Tarun into an empty study cabin, bolted the exterior latch, and fastened the window shutters from outside for five hours. Tarun was thereby wrongfully restrained in such a manner as to prevent him from proceeding in any direction beyond the circumscribing limits of the cabin. Because he wrongfully confined Tarun, Rajeev is punishable under Section 342 IPC.

When Section 342 IPC Does Not Apply

  • Section 342 IPC does not apply when the person is only blocked from moving in one direction and remains free to leave by another way.
  • Section 342 IPC does not apply when the person remains inside an enclosed place of his own free will without being wrongfully restrained.
  • Section 342 IPC does not apply when the detention is carried out under valid legal authority rather than by wrongful restraint.
  • Section 342 IPC does not apply when the alleged obstruction is of a private way over land or water that the accused in good faith believes he has a lawful right to obstruct.

Section 342 IPC in the BNS

Section 342 IPC is now covered under Section 127(2) BNS.

Section 342 IPC is succeeded by Section 127(2) BNS. Under the Bharatiya Nyaya Sanhita, all wrongful confinement provisions formerly spanning Section 340 to Section 348 IPC are consolidated into Section 127(2) BNS, with general punishment enacted in sub-section 2. The maximum fine increases fivefold from one thousand rupees under Section 342 IPC to five thousand rupees under Section 127(2) BNS. The maximum term of imprisonment of either description remains one year, and procedural classifications continue without change.

View detailed comparison (IPC 342 vs BNS 127(2)) →

FAQs on Section 342 IPC

What punishment is provided under Section 342 IPC?▼

Section 342 IPC provides that the offender shall be punished with imprisonment of either description extending up to one year, or with fine up to one thousand rupees, or with both.

Is an offence under Section 342 IPC cognizable and bailable?▼

Yes, an offence under Section 342 IPC is cognizable and bailable under the First Schedule to the CrPC.

Which court is competent to try an offence under Section 342 IPC?▼

An offence under Section 342 IPC is triable by any Magistrate.

Is Section 342 IPC compoundable?▼

Yes, Section 342 IPC is compoundable under Section 320(1) CrPC without the permission of the court by the person confined.

What distinguishes Section 342 IPC from Section 341 IPC?▼

Section 341 IPC punishes wrongful restraint which obstructs movement in a particular direction, whereas Section 342 IPC punishes wrongful confinement which encloses the victim within boundaries in all directions.

Does wrongful confinement under Section 342 IPC require physical locking?▼

No. The second illustration to Section 340 IPC gives the case of A placing men with firearms at the outlets of a building and telling Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

Under Section 342 IPC, what happens if the confinement lasts for more than three days?▼

When wrongful confinement continues for three days or more, Section 343 IPC applies with an enhanced punishment of up to two years imprisonment.

What is the corresponding provision for Section 342 IPC in the Bharatiya Nyaya Sanhita?▼

Section 342 IPC corresponds to Section 127(2) BNS, where the maximum fine is raised to five thousand rupees.

Have questions about Section 342 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·