IPC Section 368 - Wrongfully Concealing Or Keeping In Confinement, Kidnapped Or Abducted Person

Section 368 of the Indian Penal Code (IPC) deals with the offense of wrongfully concealing or confining a person, knowing that the individual has been kidnapped or abducted. This provision extends the scope of criminal responsibility beyond the initial act of kidnapping or abduction, holding individuals accountable for aiding the crime by hiding or unlawfully detaining the victim. The section aims to deter and punish those who assist in the continued illegal confinement of victims, ensuring that anyone involved in the concealment or confinement, even after the abduction, faces the same penalties as the original perpetrators.

Legal Provision Of Section 368 IPC

"Whoever wrongfully conceals or confines any person, knowing that such person has been kidnapped or abducted, shall be punished in the same manner as if he had kidnapped or abducted such person with the same knowledge or intention."

IPC Section 368: Explained In Simple Terms

Section 368 of the Indian Penal Code (IPC) specifically addresses the act of wrongfully concealing or confining a person, knowing that the individual has already been kidnapped or abducted. This section is designed to hold accountable not just those who actively participate in the initial kidnapping or abduction, but also those who, afterward, assist in hiding or confining the victim. Essentially, the law ensures that anyone who contributes to the continued illegal confinement of the victim after the kidnapping or abduction is treated as being equally guilty of the crime.

The key element in Section 368 is knowledge. The person who is confining or concealing the victim must be aware that the individual has been kidnapped or abducted. This knowledge makes the act of holding or hiding the person unlawful. The law covers a wide range of scenarios, including hiding the victim in a private home, keeping them in secret locations, or actively preventing their discovery by law enforcement or others seeking to rescue them.

The rationale behind this section is to prevent people from aiding kidnappers or abductors by providing them with safe spaces or hiding the victims, thereby extending the harm caused by the initial kidnapping.

Key Terms In IPC Section 368

Wrongful Confinement - This refers to the illegal restriction of a person’s freedom of movement. Under Section 368, it specifically involves holding someone against their will, knowing that the person has already been kidnapped or abducted. The act of confinement is considered wrongful because it prevents the person from leaving or being found, continuing the impact of the kidnapping or abduction.

Concealment - This refers to hiding the kidnapped or abducted person with the intent of keeping them out of view, particularly from law enforcement or others searching for them. Concealment includes any act aimed at disguising the victim's location or identity, ensuring that the authorities or family cannot locate the person easily.

Knowledge - A crucial element for liability under Section 368 is that the accused must have knowledge that the person was kidnapped or abducted. It is not enough to simply hold or hide someone; the individual must be aware that the person’s presence is the result of an illegal act. This knowledge is what makes the act of confinement or concealment criminal under this section.

Kidnapping/Abduction - Kidnapping or abduction refers to the crimes defined under Sections 359-367 of the IPC, where a person is unlawfully taken or coerced into leaving a place. Section 368 comes into play after these crimes have been committed and imposes punishment on anyone who further confines or conceals the person who has been kidnapped or abducted, thereby participating in the continuation of the offense.

Practical Application Of Section 368 Of IPC

In practice, IPC Section 368 is invoked when:

• Someone, knowing that a person has been kidnapped or abducted, helps in hiding the victim or confines them to prevent their release.
• The accused, even though not directly involved in the kidnapping or abduction, becomes complicit in the crime by holding or concealing the victim.
• It can also apply in cases of organized crime where the abduction of individuals is followed by keeping them hidden for ransom or other illegal purposes.

For instance, in kidnapping for ransom cases, if a person confines the victim at a secret location knowing about the abduction, they can be charged under Section 368. Similarly, in human trafficking, when victims are confined after being kidnapped, this section can apply to those who hold them, even if they weren’t involved in the original abduction.

Key Details Of IPC Section 368

FAQs For IPC Section 368

These are some frequently asked questions about IPC Section 368 and its provisions

Q1. Who can be charged under IPC Section 368?

Anyone who confines or hides a person knowing that they have been kidnapped or abducted can be charged under Section 368, even if they did not directly participate in the kidnapping or abduction.

Q2. What is the punishment for an offense under Section 368?

The punishment is the same as for kidnapping or abduction. Depending on the seriousness of the underlying crime (e.g., if the kidnapping was for ransom or for murder), it can range from imprisonment for up to seven years to life imprisonment or even the death penalty.

Q3. What needs to be proved for a conviction under Section 368?

The prosecution must prove:

• That the accused wrongfully confined or concealed the person.
• That the accused knew the person had been kidnapped or abducted.
• That the confinement was meant to assist in the continuation of the kidnapping or abduction.

Q4. Is knowledge of the kidnapping essential for liability under Section 368?

Yes, knowledge is a key element. The accused must be aware that the person has been kidnapped or abducted. Without this knowledge, they cannot be charged under Section 368.

Q5. Can Section 368 apply if the confinement or concealment was unintentional?

No, for Section 368 to apply, the confinement or concealment must be intentional, and the accused must know about the abduction or kidnapping. If it is accidental or without knowledge, they cannot be held liable under this section.

Q6. Can Section 368 apply if I didn’t participate in the original kidnapping?

Yes, even if you were not involved in the initial kidnapping or abduction, you can still be charged under Section 368 if you knowingly confine or hide the kidnapped person afterward.