Section 348 IPC: Wrongful confinement to extort confession, or compel restoration of property

Indian Penal Code, 1860

Section 348 IPC at a Glance

Section 348 IPC deals with wrongful confinement to extort confession, or compel restoration of property. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 127(8) BNS.

Punishment

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

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

Section 127(8) →

Section 348 IPC Bare Act Text

348. Wrongful confinement to extort confession, or compel restoration of property

Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, 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 348, Indian Penal Code, 1860

Section 348 IPC in Simple Words

Section 348 of the Indian Penal Code (IPC) punishes wrongful confinement committed to extort a confession, obtain information, or compel the restoration of property. It applies when the offender wrongfully confines any person to extort a confession or information leading to the detection of an offence or misconduct, or to compel the restoration of property or valuable security, or to satisfy any claim or demand.

The punishment is imprisonment of either description for a term which may extend to three years, and the offender is also liable to fine. The offence is cognizable, bailable, triable by any Magistrate, and is not compoundable under Section 320 CrPC.

Ingredients of Section 348 IPC

  • The accused wrongfully confined any person within the meaning of Section 340 IPC
  • The confinement was committed to extort a confession or information leading to the detection of an offence or misconduct
  • Alternatively, the confinement was committed to constrain a person to restore or cause the restoration of property or valuable security, to satisfy any claim or demand, or to give information which may lead to the restoration of property or valuable security
  • The coercive purpose was directed against the person confined or any person interested in that person

Punishment Under Section 348 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 ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Wrongful confinement to extort a confession or to compel restoration of property is punishable with imprisonment of either description for up to three years, and the offender is also liable to fine.

Example of Section 348 IPC

In 2018 in Kochi, spice exporter Govind suspected his clerk Naveen of misappropriating cash and a signed promissory note from the office safe. Govind forced Naveen into a small guardroom in the courtyard, bolted the wooden door from outside for twelve hours, and declared that Naveen would not be freed until he confessed to the misconduct and his father restored the missing cash and promissory note. Because Govind wrongfully confined Naveen to extort a confession of misconduct and to compel the restoration of property and a valuable security, Govind is punishable under Section 348 IPC.

When Section 348 IPC Does Not Apply

  • Section 348 IPC does not apply when a person is questioned about suspected misconduct or asked to return property while remaining free to leave at any time.
  • Section 348 IPC does not apply when the offender wrongfully confines someone out of spite without seeking a confession, information about an offence or misconduct, restoration of property, or satisfaction of a claim or demand.
  • Section 348 IPC does not apply when the confinement is used to extort property to which the offender asserts no prior claim of restoration or demand, which falls under Section 347 IPC.
  • Section 348 IPC does not apply when the accused causes hurt without wrongfully confining the victim in order to extort a confession, which falls under Section 330 IPC.

Section 348 IPC in the BNS

Section 348 IPC is now covered under Section 127(8) BNS.

Section 348 IPC is succeeded by Section 127(8) BNS. Under the Bharatiya Nyaya Sanhita, all wrongful confinement provisions are consolidated into Section 127(8) BNS, with wrongful confinement to extort confession or compel restoration of property enacted in sub-section 8. The statutory wording, specified coercive purposes, three-year imprisonment limit, and liability to fine remain substantively unchanged across both enactments.

View detailed comparison (IPC 348 vs BNS 127(8)) →

FAQs on Section 348 IPC

What is the scope of Section 348 IPC?▼

Section 348 IPC punishes wrongful confinement committed to extort a confession or information leading to detection of an offence, or to compel restoration of property or satisfaction of a demand.

What punishment is provided under Section 348 IPC?▼

The offender is punished with imprisonment of either description for a term extending up to three years, and is also liable to fine.

Is an offence under Section 348 IPC bailable?▼

Yes, an offence under Section 348 IPC is cognizable and bailable under the First Schedule to the CrPC.

Which court is competent to try an offence under Section 348 IPC?▼

An offence under Section 348 IPC is triable by any Magistrate.

Is Section 348 IPC compoundable?▼

No, Section 348 IPC is not compoundable under Section 320 CrPC.

Does Section 348 IPC require that a confession was actually obtained?▼

No, the offence is complete upon confining the victim for the purpose of extorting a confession or information, regardless of whether any statement was actually made.

How does Section 348 IPC differ from Section 330 IPC?▼

Section 348 IPC punishes wrongful confinement to extort a confession or compel the restoration of property, whereas Section 330 IPC punishes voluntarily causing hurt for the same extortionate purpose.

What is the corresponding provision for Section 348 IPC in the Bharatiya Nyaya Sanhita?▼

Section 348 IPC corresponds to Section 127(8) BNS, where the text and penalty are preserved in the consolidated section.

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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 ·