IPC 340 → BNS 127(1): Wrongful Confinement

Quick Summary: IPC 340 vs BNS 127(1)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 340 deals with wrongful confinement, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers wrongful confinement as BNS 127(1) and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 340 cover?

IPC 340 dealt with wrongful confinement — definition of wrongful confinement. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 127(1): What changed in the new law?

Consolidated definition. From 1 July 2024, new complaints relating to wrongful confinement are filed under BNS Section 127(1), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 127(1)

N/A - Definition

Practical implications for advocates, police & citizens

• Advocates: For wrongful confinement, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 340 carefully to BNS 127(1).
• Police officers: Record the nature and degree of injury and the weapon or means used; a new wrongful confinement FIR is filed under BNS 127(1).
• Law students & citizens: Punishment for wrongful confinement rises sharply with the seriousness of the harm and the victim — the IPC 340 to BNS 127(1) change does not lower it.