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.
IPC Section 368: Simplified Explanation
IPC Section 368 of the Indian Penal Code deals with the offence of “wrongfully concealing or keeping in confinement, kidnapped or abducted person.” This section applies when an individual, knowing that a person has been kidnapped or abducted, wrongfully conceals or confines that person. The key aspect of this offence is the act of concealing or confining someone who is known to be a victim of kidnapping or abduction.
Key elements of this section include:
- Knowledge of Kidnapping or Abduction: The person must know that the individual they are concealing or confining has been kidnapped or abducted.
- Wrongful Concealment or Confinement: The act of concealing or confining the victim must be wrongful, meaning it lacks legal justification or authority.
Is IPC Section 368 Bailable?
IPC Section 368 is a non-bailable offence. Given the serious nature of the offence, which involves potentially aiding in the harm and exploitation of the victim by concealing or confining them, the accused must appear before a court to seek bail.
IPC Section 368 Punishment
The Punishment under IPC Section 368 for wrongfully concealing or keeping in confinement a kidnapped or abducted person includes:
- Imprisonment: The same Punishment is provided for the offence of kidnapping or abduction under the relevant section (e.g., IPC Section 363, 364, 365, etc.). This can include rigorous imprisonment for a term that may extend up to seven years or more, depending on the specifics of the initial kidnapping or abduction offence.
- Fine: The individual is also liable to a fine.
The severity of the Punishment reflects the importance of not aiding or abetting the crime of kidnapping or abduction by concealing or confining the victim.
Example of IPC Section 368
A real-life example of IPC Section 368 involved a case where a hotel owner was found to have knowingly provided accommodation to a group of individuals who had abducted a young woman. The hotel owner was aware of the abduction but chose to conceal the victim by allowing the kidnappers to keep her confined in one of the hotel rooms. Law enforcement intervened and rescued the woman. The hotel owner was charged under IPC Section 368 for his role in concealing and confining the abducted victim. The court found him guilty and sentenced him to rigorous imprisonment, highlighting the legal consequences for facilitating or hiding the whereabouts of kidnapped or abducted persons.
In another instance, a person discovered that his neighbour was secretly holding a kidnapped child in a hidden basement. Instead of reporting this to the authorities, the person decided to remain silent, effectively concealing the child’s plight. When the police eventually uncovered the situation, the neighbour was charged with kidnapping, and the person who kept silent and concealed the child’s situation was charged under IPC Section 368. This case underscored the responsibility to act and report when aware of such serious offences and the penalties for failing to do so.
