Section 344 IPC: Wrongful confinement for ten or more days

Indian Penal Code, 1860

Section 344 IPC at a Glance

Section 344 IPC deals with wrongful confinement for ten or more days. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 127(4) BNS.

Punishment

Imprisonment of either description for a term which may extend to three years.

Bailable โ“˜Cognizable โ“˜Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Section 344 IPC Bare Act Text

344. Wrongful confinement for ten or more days

Whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Source: Section 344, Indian Penal Code, 1860

Section 344 IPC in Simple Words

Section 344 of the Indian Penal Code (IPC) punishes wrongful confinement that continues for ten days, or more.

Whoever wrongfully confines any person for ten days, or more, is punished with imprisonment of either description for a term which may extend to three years, and is also liable to fine.

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 344 IPC

  • The accused wrongfully confined any person within the meaning of Section 340 IPC
  • The wrongful confinement continued for ten days, or more

Punishment Under Section 344 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three years.

Fine

The offender shall also be liable to fine.

Bailable โ“˜Cognizable โ“˜Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Wrongful confinement for ten or more days is punishable with imprisonment of either description for up to three years, and the offender is also liable to fine.

Example of Section 344 IPC

In January 2014, in a coastal neighborhood of Visakhapatnam, moneylender Jagdish demanded immediate repayment of a loan from fisherman Naveen. When Naveen could not pay, Jagdish forced him into a basement cellar, bolted the wooden trapdoor from above, and kept him shut inside for eleven consecutive days. Throughout those eleven days, Naveen was wrongfully restrained so as to prevent him from proceeding in any direction beyond the circumscribing cellar walls. Because he wrongfully confined Naveen for ten days or more, Jagdish is punishable under Section 344 IPC.

When Section 344 IPC Does Not Apply

  • Section 344 IPC does not apply when the wrongful confinement lasts for fewer than ten days.
  • Section 344 IPC does not apply when the person is merely blocked from going in a single direction and is not confined within circumscribing limits.
  • Section 344 IPC does not apply when the person remains within the place voluntarily without any wrongful restraint.
  • Section 344 IPC does not apply when the custody of ten or more days is authorized by law.

Section 344 IPC in the BNS

Section 344 IPC is now covered under Section 127(4) BNS.

Section 344 IPC is succeeded by Section 127(4) BNS. Under the Bharatiya Nyaya Sanhita, wrongful confinement provisions are consolidated into Section 127(4) BNS, with wrongful confinement for ten days or more enacted in sub-section 4. The maximum term of imprisonment of either description increases from three years under Section 344 IPC to five years under Section 127(4) BNS. In addition, Section 127(4) BNS specifies that any fine imposed shall not be less than ten thousand rupees, establishing a statutory minimum floor for monetary penalties.

View detailed comparison (IPC 344 vs BNS 127(4)) โ†’

FAQs on Section 344 IPC

What is the punishment under Section 344 IPC?โ–ผ

Section 344 IPC provides that the offender shall be punished with imprisonment of either description for a term extending up to three years, and shall also be liable to fine.

What duration of confinement is required under Section 344 IPC?โ–ผ

The prosecution must establish that the victim was wrongfully confined for ten days, or more.

Is an offence under Section 344 IPC bailable?โ–ผ

Yes, an offence under Section 344 IPC is classified as cognizable and bailable under the First Schedule to the CrPC.

Which court is competent to try an offence under Section 344 IPC?โ–ผ

An offence under Section 344 IPC is triable by any Magistrate.

Is Section 344 IPC compoundable?โ–ผ

Yes, Section 344 IPC is compoundable under Section 320(1) CrPC without the permission of the court by the person confined.

How does Section 344 IPC differ from Section 343 IPC?โ–ผ

Section 343 IPC applies when confinement lasts for three days or more but less than ten days carrying up to two years imprisonment, whereas Section 344 IPC applies when confinement reaches ten days or more carrying up to three years imprisonment.

Is the fine under Section 344 IPC subject to a minimum limit?โ–ผ

Under Section 344 IPC there was no statutory minimum fine, but Section 127(4) BNS provides that any fine imposed must not be less than ten thousand rupees.

What is the corresponding provision for Section 344 IPC in the Bharatiya Nyaya Sanhita?โ–ผ

Section 344 IPC corresponds to Section 127(4) BNS, where the maximum term is enhanced to five years and a minimum fine of ten thousand rupees applies.

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

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