Section 342 of the Bharatiya Nyaya Sanhita (BNS) 2023 pertains to the punishment for wrongful confinement. This section outlines the legal framework and consequences for an individual who unlawfully confines another person.
Key Provisions of Section 342
- Definition of Wrongful Confinement: The section defines wrongful confinement as the act of keeping a person in a place from which they cannot legally escape.
- Punishment: The punishment for wrongful confinement under this section is imprisonment for a term that may extend to one year, or with a fine, or with both.
- Contextual Framework: This section is part of a broader legislative effort to consolidate and amend existing laws related to criminal offenses in India, replacing previous provisions under the Indian Penal Code (IPC) with updated definitions and penalties.
The BNS aims to provide a more modern legal framework that reflects contemporary societal norms and legal practices in India.
How does Section 342 of BNS compare to Section 342 of the Indian Penal Code
Section 342 of the Bharatiya Nyaya Sanhita (BNS) 2023 is similar to Section 342 of the Indian Penal Code (IPC) in terms of the offense of wrongful confinement. Both sections define and punish the act of unlawfully keeping a person in a place where they cannot legally escape. The key similarities are:
- Definition of Wrongful Confinement: Both sections define wrongful confinement as confining a person in a place they cannot legally exit
- Punishment: The punishment under both Section 342 BNS and IPC is imprisonment for up to one year, or a fine, or both
However, there are a few differences:
- Terminology: The BNS uses the term “Bharatiya Nyaye Sanhita” instead of “Indian Penal Code”.
- . Consolidation: The BNS is part of a broader effort to consolidate and amend existing criminal laws in India, replacing the IPC with updated provisions.
- Context: Section 342 BNS is situated within the new legal framework of the BNS, which aims to modernize criminal law in India, while Section 342 IPC was part of the original 1860 Indian Penal Code.
Overall, the core offense and punishment for wrongful confinement remains largely unchanged between Section 342 of the BNS and IPC, with some terminology and contextual differences reflecting the consolidation of criminal laws in India.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
