Section 345 IPC: Wrongful confinement of person for whose liberation writ has been issued
Indian Penal Code, 1860
Section 345 IPC at a Glance
Section 345 IPC deals with wrongful confinement of person for whose liberation writ has been issued. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 127(5) BNS.
Imprisonment of either description for a term which may extend to two years, in addition to any term of imprisonment to which the offender may be liable under any other section of Chapter XVI.
Section 345 IPC Bare Act Text
345. Wrongful confinement of person for whose liberation writ has been issued
Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter.
Source: Section 345, Indian Penal Code, 1860
Section 345 IPC in Simple Words
Section 345 of the Indian Penal Code (IPC) punishes keeping any person in wrongful confinement while knowing that a writ for the liberation of that person has been duly issued.
The offender is punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which the offender may be liable under any other section of Chapter XVI.
The offence is cognizable, bailable, triable by a Magistrate of the first class, and is not compoundable under Section 320 CrPC.
Ingredients of Section 345 IPC
- A person was kept in wrongful confinement within the meaning of Section 340 IPC
- A writ for the liberation of that person had been duly issued
- The accused knew that such writ for liberation had been duly issued
- The accused continued to keep the person in wrongful confinement notwithstanding such knowledge
Punishment Under Section 345 IPC
Imprisonment of either description for a term which may extend to two years, in addition to any term of imprisonment to which the offender may be liable under any other section of Chapter XVI.
None prescribed by this section.
Keeping a person in wrongful confinement while knowing that a writ for that person's liberation has been issued is punishable with imprisonment of either description for up to two years, in addition to any term under any other section of the Chapter.
Example of Section 345 IPC
When Section 345 IPC Does Not Apply
- Section 345 IPC does not apply when no writ for the liberation of the confined person has been duly issued.
- Section 345 IPC does not apply when the person holding the detainee does not know that a writ for liberation has been issued.
- Section 345 IPC does not apply when the detainee is set free as soon as the person learns of the writ rather than being kept in wrongful confinement.
- Section 345 IPC does not apply when the person is not held in wrongful confinement.
Section 345 IPC in the BNS
Section 345 IPC is now covered under Section 127(5) BNS.
Section 345 IPC is succeeded by Section 127(5) BNS. Under the Bharatiya Nyaya Sanhita, wrongful confinement offences are unified into Section 127(5) BNS, with wrongful confinement following the issuance of a liberation writ placed in sub-section 5. The primary change in punishment is that Section 127(5) BNS adds liability to fine, whereas Section 345 IPC authorized imprisonment alone. The substantive requirement that imprisonment of up to two years runs in addition to any other term of imprisonment for wrongful confinement remains unchanged.
View detailed comparison (IPC 345 vs BNS 127(5)) →FAQs on Section 345 IPC
What does Section 345 IPC punish?▼
Section 345 IPC punishes keeping any person in wrongful confinement with knowledge that a writ for the liberation of that person has been duly issued.
What punishment is provided under Section 345 IPC?▼
The offender is punished with imprisonment of either description for a term extending up to two years in addition to any imprisonment for the underlying confinement.
Does Section 345 IPC prescribe a fine?▼
Section 345 IPC does not provide for a fine, but the successor provision in Section 127(5) BNS adds liability to fine.
Is an offence under Section 345 IPC bailable?▼
Yes, an offence under Section 345 IPC is cognizable and bailable under the First Schedule to the CrPC.
Which court tries an offence under Section 345 IPC?▼
An offence under Section 345 IPC is triable by a Magistrate of the first class.
Is Section 345 IPC compoundable?▼
No, Section 345 IPC is not compoundable under Section 320 CrPC.
How does the imprisonment under Section 345 IPC operate alongside other sentences?▼
The sentence under Section 345 IPC is additive, running in addition to any term of imprisonment imposed for wrongful confinement under other sections of Chapter XVI IPC.
What is the corresponding provision for Section 345 IPC in the Bharatiya Nyaya Sanhita?▼
Section 345 IPC corresponds to Section 127(5) BNS, which adds liability to fine alongside the cumulative imprisonment of up to two years.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·