Wrongfully concealing or keeping in confinement, kidnapped or abducted person
Section 142 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offense of wrongfully concealing or keeping in confinement a kidnapped or abducted person.
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.
Key Points
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Knowledge of Kidnapping/Abduction:
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The person who conceals or confines must have knowledge that the individual has been kidnapped or abducted.
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This provision targets those who, after the kidnapping or abduction, assist in hiding or imprisoning the victim, despite knowing the illegal nature of their confinement.
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Punishment:
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The individual will be punished in the same manner as the person who originally kidnapped or abducted the victim.
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The intention, knowledge, or purpose for which the concealment or confinement is done mirrors that of the original act of kidnapping or abduction, ensuring that the accomplice faces equal legal consequences.
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Objective:
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The law aims to discourage not just the act of kidnapping or abduction but also the involvement of any third parties who help prolong the victim’s suffering through concealment or confinement.
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Scope of the Law:
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This section applies even if the person concealing or confining the victim did not personally commit the kidnapping or abduction but is complicit in continuing the illegal act.
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Offence : Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
Punishment : Punishment for kidnapping or abduction.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court by which the kidnapping or abduction is triable.
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