What is IPC Section 357?
IPC Section 357 sits in Chapter XVI of the Indian Penal Code, "Of Offences Affecting the Human Body," within the sub-group "Of Criminal Force and Assault" (Sections 349–358). It follows a small cluster of similarly structured provisions dealing with assault or criminal force used in the course of attempting various other offences — Section 356 addresses assault or force in an attempt to commit theft of property carried by a person, while Section 357 addresses assault or force in an attempt to wrongfully confine someone.
The key feature of Section 357 is that it targets the force used during an attempted confinement, rather than requiring that the confinement itself be successfully completed. If the accused actually succeeds in wrongfully confining the victim, the case would typically be pursued instead (or additionally) under the substantive wrongful confinement provisions (Sections 340–348), which carry their own, separate punishments. Section 357 fills the gap for cases where force was used but the confinement attempt did not fully succeed.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 357 IPC now corresponds to Section 135 of the BNS, which retains imprisonment up to 1 year but increases the maximum fine from ₹1,000 to ₹5,000.
Legal Provision — Text of Section 357 IPC
This provision draws on the definitions of "assault" (Section 351) and "criminal force" (Section 350) elsewhere in the same chapter, and must be read alongside Section 339 (wrongful restraint) and Section 340 (wrongful confinement), since the "wrongfully to confine" element depends on those definitions being satisfied — namely, an unlawful restriction of the victim's movement beyond certain circumscribing limits.
Punishment Under Section 357
| Punishment | Imprisonment of either description up to 1 year, or fine up to ₹1,000, or both |
|---|---|
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without prior court order |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Compoundable by the person assaulted or to whom force was used, with the permission of the court |
| Triable By | Any Magistrate |
Section 357 is frequently charged alongside the substantive wrongful confinement provisions where the confinement did, in fact, succeed, or alongside kidnapping or abduction charges where the attempted confinement forms part of a broader unlawful act.
Key Ingredients / Essential Elements
Assault or criminal force
The accused must have committed an assault (as defined under Section 351) or used criminal force (as defined under Section 350) against the victim.
In the course of attempting wrongful confinement
The assault or force must have been used specifically in the course of attempting to wrongfully confine the victim.
The confinement need not succeed
The section applies even where the attempted confinement ultimately fails or the victim escapes, so long as the force was used in the course of that attempt.
What Should You Do — For Victims and For the Accused
If Force Was Used Against You in an Attempted Confinement
- Seek medical attention and document any injuries, even if minor, arising from the assault or use of force.
- Identify witnesses who saw the attempt and the force used.
- File an FIR, since the offence is cognizable.
- If you were actually confined, even briefly, before escaping or being released, discuss with your lawyer whether the substantive wrongful confinement provisions also apply.
If You Are Accused Under Section 357
- Consult a criminal lawyer promptly to assess the full scope of any related charges, such as wrongful confinement or kidnapping.
- Gather evidence if you had lawful authority to restrict the person's movement (for example, a security professional acting within their lawful duties), which may be relevant to your defence.
- Being bailable, you are entitled to bail as a matter of right.
- Consider compounding with the complainant, with the court's permission, where appropriate.
FIR & Trial Process Under Section 357
Filing the FIR
Being cognizable, an FIR can be registered directly and investigation begun without prior Magistrate approval.
Investigation
Investigation focuses on establishing the assault or use of force, and that it occurred in the course of an attempt to wrongfully confine the victim.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Trial or Compounding
The matter can proceed to trial before the Magistrate, or be compounded with the court's permission.