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.
IPC Section 348: Simplified Explanation
IPC Section 348 of the Indian Penal Code deals with the offence of “wrongful confinement to extort confession, or compel restoration of property.” This section applies when an individual wrongfully confines another person with the intent to extort a confession, obtain information that may lead to the detection of an offence or misconduct, or compel the restoration of property or valuable security. The confinement must be carried out to extract a confession or force the victim to restore property or provide information.
Key elements of this section include:
- Wrongful Confinement: The person must wrongfully confine another, restricting their freedom to move beyond certain limits.
- Purpose: The confinement must be with the intent to extort a confession, obtain information, or compel the restoration of property or valuable security.
Is IPC Section 348 Bailable?
IPC Section 348 is a non-bailable offence. Due to the serious nature of the offence, which involves extortion or coercion through wrongful confinement, the accused must appear before a court to seek bail.
IPC Section 348 Punishment
The punishment under IPC Section 348 for wrongful confinement to extort confession or compel restoration of property includes:
- Imprisonment for a term that may extend to three years,
- And also liable to a fine.
The punishment reflects the severity of using wrongful confinement to extort confessions, information, or property.
Example of IPC Section 348
A real-life example of IPC Section 348 involved a case where a group of individuals detained a person suspected of stealing valuable items from their business. They confined the suspect in a room and subjected him to physical and psychological pressure to force a confession and to reveal the whereabouts of the stolen property. The wrongful confinement and coercive tactics used by the group led to their arrest and charges under IPC Section 348. This case demonstrated the legal consequences of using confinement to extract confessions or recover property, emphasizing the protection of individual rights against such abuses.
