IPC 368 → BNS 142: Concealing Kidnapped

Quick Summary: IPC 368 vs BNS 142

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 368 deals with concealing kidnapped, 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 concealing kidnapped as BNS 142 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 368 cover?

IPC 368 dealt with concealing kidnapped — wrongfully concealing or keeping in confinement, kidnapped or abducted person. 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 142: What changed in the new law?

Punishment same as for kidnapping. From 1 July 2024, new complaints relating to concealing kidnapped are filed under BNS Section 142, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 142

Same

Practical implications for advocates, police & citizens

• Advocates: For concealing kidnapped, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 368 carefully to BNS 142.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new concealing kidnapped FIR is filed under BNS 142.
• Law students & citizens: Punishment for concealing kidnapped rises sharply with the seriousness of the harm and the victim — the IPC 368 to BNS 142 change does not lower it.