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.
IPC Section 346: Simplified Explanation
IPC Section 346 of the Indian Penal Code deals with the offence of “wrongful confinement in secret.” This section applies when an individual wrongfully confines another person in a secret or concealed manner, making it difficult for the confined person to be found or rescued. The focus here is on the clandestine nature of the confinement, which aggravates the offence.
Key elements of this section include:
- Wrongful Confinement: The person must wrongfully confine another, restricting their freedom to move beyond certain limits.
- Secrecy: The confinement must be carried out secretly or concealed, making it difficult for the confined person to be discovered or rescued.
Is IPC Section 346 Bailable?
Yes, IPC Section 346 is a bailable offence. This means that an individual charged under this section can obtain bail from the police station or through the court, depending on the specifics of the case and the authorities’ discretion.
IPC Section 346 Punishment
The punishment under IPC Section 346 for wrongful confinement in secret includes:
- Imprisonment for a term that may extend to two years,
- or with a fine,
- Or with both.
The punishment reflects the aggravating factor of secrecy in wrongful confinement, which increases the difficulty of discovering and rescuing the victim.
Example of IPC Section 346
A real-life example of IPC Section 346 involved a case where a man secretly confined his estranged wife in a hidden basement room in their house to prevent her from seeking a divorce. The wife was kept in the concealed room for several days until neighbours noticed her absence and alerted the authorities. The husband was charged under IPC Section 346 for wrongful confinement in secret. This case highlighted how the law addresses the severe misuse of secrecy in wrongful confinement, emphasizing the need to protect individuals from being unlawfully hidden away and deprived of their liberty.
