Section 368 IPC: Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Indian Penal Code, 1860

Section 368 IPC at a Glance

Section 368 IPC deals with wrongfully concealing or keeping in confinement, kidnapped or abducted person. It is non-bailable and cognizable, triable by the Court by which the kidnapping or abduction is triable; from 1 July 2024 it is replaced by Section 142 BNS.

Punishment

Punishment corresponds to the underlying kidnapping or abduction

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court by which the kidnapping or abduction is triable ⓘ
BNS Equivalent

Section 142 →

Section 368 IPC Bare Act Text

368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.

Source: Section 368, Indian Penal Code, 1860

Section 368 IPC in Simple Words

Section 368 of the Indian Penal Code (IPC) punishes any person who, knowing that another has been kidnapped or abducted, wrongfully conceals or confines that person.

The offender is punished in the same manner as if he had kidnapped or abducted that person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains that person in confinement.

The offence is cognizable and non-bailable, and it is triable by the court by which the kidnapping or abduction is triable.

Ingredients of Section 368 IPC

  • A person has been kidnapped or has been abducted
  • The accused knew that such person had been kidnapped or abducted
  • The accused wrongfully concealed or confined such person

Punishment Under Section 368 IPC

Imprisonment

Punishment corresponds to the underlying kidnapping or abduction

Fine

Liability to fine corresponds to the underlying kidnapping or abduction

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court by which the kidnapping or abduction is triable ⓘ

Proceedings under Section 368 IPC are cognizable and non-bailable, with trial held before whichever court is competent to try the underlying kidnapping or abduction. The section prescribes punishment by reference to the primary offence. Compounding is not permitted under Section 320 CrPC.

Example of Section 368 IPC

In August 2020, Gautham abducted a software engineer named Tarun in Kozhikode and brought him to the house of his friend Bhaskar. Gautham informed Bhaskar that Tarun had been abducted by force and needed to be hidden from the police. Knowing that Tarun had been abducted, Bhaskar wrongfully concealed Tarun inside an attic room with shuttered windows and kept him confined there for a week so that Tarun could not escape or be found. Because Bhaskar wrongfully concealed and confined Tarun while knowing he had been abducted, Bhaskar is punishable under Section 368 IPC.

When Section 368 IPC Does Not Apply

  • A person provides lodging to a guest without knowing or having reason to know that the guest was previously kidnapped or abducted.
  • A person wrongfully confines someone who arrived at the premises on their own and had never been kidnapped or abducted.
  • A bystander knows that a victim has been kidnapped but takes no part in concealing or confining that victim.
  • A person rescues a kidnapped child and keeps the child safely at home only until the police or lawful guardians arrive, without wrongfully concealing or confining the child.

Section 368 IPC in the BNS

Section 368 IPC is now covered under Section 142 BNS.

Section 368 IPC is now Section 142 BNS. The statutory text, title, and punishment by reference to the underlying kidnapping or abduction offence remain identical in substance.

View detailed comparison (IPC 368 vs BNS 142) →

FAQs on Section 368 IPC

What does Section 368 IPC punish?▼

Section 368 IPC punishes wrongfully concealing or confining any person known to have been kidnapped or abducted.

What punishment does Section 368 IPC prescribe?▼

Section 368 IPC fixes no independent term. The offender is punished in the same manner as if he had kidnapped or abducted the person with the same intention or knowledge, or for the same purpose.

How is the sentence determined under Section 368 IPC?▼

The sentence follows the penalty prescribed for the specific form of kidnapping or abduction committed, including applicable prison terms and fine.

Is Section 368 IPC bailable?▼

No; Section 368 IPC is classified as non-bailable under the First Schedule to the CrPC.

Is an offence under Section 368 IPC cognizable?▼

Yes; Section 368 IPC is cognizable under the First Schedule to the CrPC.

Which court is competent to try an offence under Section 368 IPC?▼

The First Schedule to the CrPC provides that the offence is triable by the court by which the kidnapping or abduction is triable.

Can an offence under Section 368 IPC be compounded?▼

No; Section 368 IPC is not compoundable under Section 320 CrPC.

Which section in the Bharatiya Nyaya Sanhita corresponds to Section 368 IPC?▼

Section 368 IPC corresponds to Section 142 BNS.

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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: 17 Oct 2026 ·