What is IPC Section 368?
IPC Section 368 falls within Chapter XVI of the Indian Penal Code ("Of Offences Affecting the Human Body"), within the sub-group of sections dealing with kidnapping, abduction, slavery, and forced labour (Sections 359 to 374). Kidnapping (from India or from lawful guardianship) is defined under Sections 359-361, while abduction is defined under Section 362; various sections thereafter prescribe punishment for these offences depending on the purpose for which they are committed (Sections 363-369).
Section 368 addresses a distinct but related act: rather than the initial taking away of the victim, it punishes the subsequent wrongful concealment or confinement of a person already known by the accused to have been kidnapped or abducted. This provision is significant because it extends liability to persons who may not have participated in the original abduction but who knowingly assist in keeping the victim hidden or restrained afterward — such as a person who shelters a kidnapped child, or confines an abducted person in a room to prevent their escape or rescue. The section specifies that such a 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 the concealment or confinement is carried out — meaning the punishment mirrors that applicable to the underlying kidnapping/abduction offence based on its specific purpose (e.g., for ransom, for murder, for unlawful compulsion, etc.).
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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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 368 IPC now corresponds to Section 141 of the BNS, which retains the identical structure of mirroring the punishment of the underlying kidnapping/abduction offence. FIRs registered before 1 July 2024 continue to be tried under IPC 368; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 368 IPC
Section 368 must be read alongside Sections 359-362 (definitions of kidnapping and abduction), and the various purpose-specific offences under Sections 363-369, since the punishment for concealment under Section 368 is directly tied to whichever of these underlying offences the victim's kidnapping or abduction corresponds to.
Punishment Under Section 368
| Imprisonment/Fine | Mirrors the punishment applicable to the underlying kidnapping or abduction offence, based on the intention/purpose for which the person is concealed or confined (e.g., Section 363 for simple kidnapping — up to 7 years + fine; higher for purpose-specific offences like kidnapping for ransom or murder) |
|---|---|
| Nature of Offence | Cognizable — police can register an FIR and investigate without a warrant |
| Bailable / Non-Bailable | Depends on the underlying offence's classification — generally non-bailable where the underlying offence carries a serious purpose (e.g., ransom, murder) |
| Compoundable | Not compoundable — the case cannot be withdrawn or settled directly between the parties |
| Triable By | Depends on the underlying offence — Magistrate of the First Class for simple kidnapping cases, Court of Session for more serious purpose-based offences |
| Related Provisions | Section 359-362 (definitions of kidnapping/abduction), Section 363 (punishment for kidnapping), Section 364A (kidnapping for ransom), Section 365 (kidnapping to secretly confine) |
Key Ingredients / Essential Elements
The victim must have been kidnapped or abducted
There must be an underlying act of kidnapping (as defined in Sections 359-361) or abduction (Section 362) of the victim by someone.
The accused must have knowledge of the kidnapping/abduction
The accused must know that the person they are concealing or confining has, in fact, been kidnapped or abducted.
Wrongful concealment or confinement of the victim
The accused must have wrongfully hidden the victim from discovery, or confined/restrained their movement, preventing rescue or escape.
The punishment is tied to the intention/purpose behind the concealment
The specific punishment applicable mirrors the corresponding kidnapping/abduction offence based on the purpose for which the concealment or confinement is carried out.
What Should You Do — For Complainants and For the Accused
If a Family Member Has Been Kidnapped and Is Being Concealed
- File an FIR immediately at the nearest police station — being cognizable, the police must register the complaint and begin investigation into both the kidnapping and any suspected concealment.
- Provide any information about persons who may be knowingly assisting in hiding or confining the victim, even if they were not involved in the original abduction.
- Cooperate closely with investigators, since Section 368 often becomes relevant in ongoing search-and-rescue operations where the victim's location is unknown.
If You Are Accused Under Section 368
- Given the offence mirrors the underlying kidnapping/abduction punishment, bail eligibility depends on that specific offence — engage a lawyer promptly to assess this and file the appropriate bail application.
- A key defence is to show that you did not have actual knowledge that the person you were with had been kidnapped or abducted, since this knowledge is an essential ingredient.
- Another possible defence is to demonstrate that there was no wrongful concealment or confinement — for example, if the person was free to leave or was not being restrained.
FIR & Bail Process Under Section 368
Filing the FIR
Being cognizable, the police are obligated to register an FIR upon receiving information about the kidnapping/abduction and any suspected subsequent concealment.
Investigation
Police investigate to locate the victim, identify persons involved in concealment or confinement, and establish their knowledge of the kidnapping/abduction.
Bail
Bail eligibility depends on the underlying kidnapping/abduction offence's classification — the accused must apply accordingly before the relevant Magistrate or Sessions Court.
Trial
The case is tried before the court appropriate to the underlying offence, and being non-compoundable, must proceed through the full trial process.
Important / Landmark Cases on Section 368
Extension of Liability Beyond the Original Kidnapper
Courts have applied Section 368 to hold liable persons who, while not participating in the initial act of kidnapping or abduction, knowingly assisted afterward by hiding the victim or preventing their rescue, recognizing that such conduct perpetuates the harm caused by the original offence.
Requirement of Actual Knowledge
Courts have emphasized that mere suspicion or constructive knowledge is insufficient to sustain a conviction under Section 368 — the prosecution must establish that the accused had actual knowledge that the person being concealed or confined had, in fact, been kidnapped or abducted.