Section 346 IPC: Wrongful confinement in secret

Indian Penal Code, 1860

Section 346 IPC at a Glance

Section 346 IPC deals with wrongful confinement in secret. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 127(6) BNS.

Punishment

Imprisonment of either description for a term which may extend to two years, in addition to any other punishment to which the offender may be liable for the wrongful confinement.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ

BNS Equivalent

Section 127(6) →

Section 346 IPC Bare Act Text

346. Wrongful confinement in secret
Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.

Source: Section 346, Indian Penal Code, 1860

Section 346 IPC in Simple Words

Section 346 of the Indian Penal Code (IPC) punishes wrongful confinement in secret. It applies when a person is wrongfully confined in such a manner as to indicate an intention that the confinement or the place of confinement may not be known to any person interested in the person confined, or to any public servant.

The offender is punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment for the wrongful confinement. The offence is cognizable, bailable, triable by a Magistrate of the first class, and compoundable under Section 320(1) CrPC without the permission of the court by the person confined.

Ingredients of Section 346 IPC

The accused wrongfully confined any person within the meaning of Section 340 IPC
The confinement was carried out in a manner indicating an intention to conceal the confinement or the place of confinement
The concealment was intended against any person interested in the person confined, or against any public servant

Punishment Under Section 346 IPC

Imprisonment

Imprisonment of either description for a term which may extend to two years, in addition to any other punishment to which the offender may be liable for the wrongful confinement.

Fine

None prescribed by this section.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ

Wrongful confinement in secret is punishable with imprisonment of either description for up to two years, in addition to any other punishment for the wrongful confinement itself.

Example of Section 346 IPC

In 2019 in Coimbatore, timber merchant Arvind bolted his accountant Pranav inside a windowless sawmill attic so Pranav could not leave. Intending to keep the detention and the attic hidden from Pranav's wife and the police, Arvind told Pranav's wife that her husband had gone to Madurai and told an inquiring sub-inspector that Pranav had resigned. Because Arvind wrongfully confined Pranav in a manner indicating an intention that the confinement and its place not be known to an interested person or a public servant, Arvind is punishable under Section 346 IPC.

When Section 346 IPC Does Not Apply

Section 346 IPC does not apply when the accused only obstructs a person in one direction without confining that person within circumscribing limits.
Section 346 IPC does not apply when a person is wrongfully confined openly without any conduct indicating an intention to hide the confinement or its place.
Section 346 IPC does not apply when the place of confinement remains unknown merely by accident and not because the offender intended to prevent its discovery.
Section 346 IPC does not apply when the offender hides the confinement only from uninvolved passersby rather than from a public servant or someone interested in the confined person.

Section 346 IPC in the BNS

Section 346 IPC is now covered under Section 127(6) BNS.

Section 346 IPC is succeeded by Section 127(6) BNS. Under the Bharatiya Nyaya Sanhita, wrongful confinement provisions are consolidated into Section 127(6) BNS, with secret wrongful confinement enacted in sub-section 6. The maximum additive imprisonment increases from two years under Section 346 IPC to three years under Section 127(6) BNS. In addition, Section 127(6) BNS adds express liability to fine where Section 346 IPC provided no monetary penalty.

View detailed comparison (IPC 346 vs BNS 127(6)) →

FAQs on Section 346 IPC

What is the essence of an offence under Section 346 IPC?▼

Section 346 IPC punishes wrongful confinement carried out in a manner indicating an intention to hide the confinement or the place of confinement from interested persons or public servants.

What punishment is provided under Section 346 IPC?▼

The offender is punished with imprisonment of either description extending up to two years in addition to any other punishment for the wrongful confinement.

Does Section 346 IPC prescribe a fine?▼

Section 346 IPC does not prescribe a fine, but its successor provision in Section 127(6) BNS adds liability to fine.

Is an offence under Section 346 IPC bailable?▼

Yes, an offence under Section 346 IPC is classified as cognizable and bailable under the First Schedule to the CrPC.

Which court tries an offence under Section 346 IPC?▼

An offence under Section 346 IPC is triable by a Magistrate of the first class.

Is Section 346 IPC compoundable?▼

Yes, Section 346 IPC is compoundable under Section 320(1) CrPC without the permission of the court by the person confined.

How does Section 346 IPC operate alongside Section 342 IPC?▼

The punishment under Section 346 IPC is cumulative, meaning the sentence of up to two years runs in addition to whatever sentence is awarded for the base confinement under Section 342 IPC.

What is the corresponding provision for Section 346 IPC in the Bharatiya Nyaya Sanhita?▼

Section 346 IPC corresponds to Section 127(6) BNS, where the additive imprisonment is raised to three years and liability to fine is added.

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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 · Last updated: 16 Oct 2026 ·