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.
Simplified Explanation
Bharatiya Nyaya Sanhita: Section 142 – Wrongfully Concealing or Keeping in Confinement, Kidnapped or Abducted Person
Section 142 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of wrongfully concealing or keeping in confinement a person who has been kidnapped or abducted, if the person who conceals or detains the individual knows that they have been kidnapped or abducted. This section ensures that individuals who assist in hiding or keeping a kidnapped or abducted person are held accountable, even if they did not directly participate in the abduction or kidnapping.
Key Provisions of Section 142
- Offense Description:
- The section applies to anyone who knows that a person has been kidnapped or abducted and then conceals or keeps that person confined.
- The offense includes both active acts of hiding the kidnapped or abducted person and keeping them in detention or confinement.
- Punishment:
- The punishment for wrongfully concealing or keeping in confinement a kidnapped or abducted person is the same as the punishment for the original act of kidnapping or abduction.
- This means that the individual who conceals or detains the person will be punished with the same imprisonment and fine as if they had carried out the act of kidnapping or abduction themselves.
- Purpose of the Section:
- The main objective of Section 142 is to close the loopholes that may arise when people who are not directly involved in the kidnapping or abduction help the perpetrators by hiding or confining the kidnapped individual.
- It seeks to discourage individuals from aiding and abetting criminals involved in kidnapping or abduction by providing severe penalties.
- Legal Interpretation:
- The section specifies that the punishment for concealing or detaining the kidnapped or abducted person will be based on the intention or knowledge of the individual who is keeping them in confinement. This means that the person’s awareness of the kidnapping or abduction is crucial for determining the offense.
- If the person who conceals or detains the kidnapped person has the same intention or knowledge as the original kidnappers or abductors, then they are treated with equal responsibility under the law.
Example of Application:
- Illustration: If person A kidnaps person B, and person C, knowing that B has been abducted, hides B in a house or confines B to a particular location, person C would be punished for the same crime as person A (kidnapping or abduction), as person C had knowledge of the abduction and helped conceal or detain the victim.
Purpose and Impact:
- Preventing Aid to Kidnappers and Abductors: The section ensures that anyone who helps hide or detain a kidnapped or abducted person, whether by actively participating in the crime or through failure to report the abduction, will be treated as equally culpable as the original criminal.
- Discouraging Concealment and Detention: The provision acts as a deterrent for those who might be tempted to assist kidnappers or abductors in hiding victims or keeping them confined, knowing that they will face the same level of punishment as the original perpetrators.
Summary:
Section 142 of the Bharatiya Nyaya Sanhita, 2023 makes it an offense for anyone who, knowing that a person has been kidnapped or abducted, wrongfully conceals or keeps that person confined. The punishment for this offense is the same as that for kidnapping or abduction, based on the intention or knowledge of the person concealing or detaining the victim. This law aims to prevent individuals from aiding criminals in concealing kidnapped or abducted persons and ensures accountability for anyone involved in hiding or confining victims.
