BNS Section 142: Wrongfully Concealing or keeping in Confinement, Kidnapped or Abducted Person
Section 142 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita Act, 2023. It pertains to the offense of wrongfully concealing or keeping a kidnapped or abducted person in confinement. This provision seeks to address acts that perpetuate the victim’s unlawful detention, thereby aggravating the harm caused by kidnapping or abduction.
Definition of BNS Section 142
Section 142 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 142
Section 142 of the Bharatiya Nyaya Sanhita, 2023 specifically addresses the crime of concealing or confining a person who has already been kidnapped or abducted. This provision ensures that people hiding or imprisoning a kidnapped or abducted person will be brought before the courts and punished for the complete commission of the crime, though they were not the original perpetrators of the kidnapping or abduction.
Example 1:
Scenario: A person is aware of the fact that a child has been kidnapped by some robbers. Instead of informing the authorities or helping the child, he keeps the child hidden in his house to prevent his discovery. The person knows that the child is illegally taken away.
Legal Consequence: The one hiding the child is liable under Section 142 of the BNS, 2023, as he is said to have knowingly concealed a kidnapped person. The punishment would be the same if he were the kidnapper.
Example 2:
Scenario: A person is told that their friend has been kidnapped. The friend is being detained at a secluded place. The person assists by supplying food and keeping the kidnapping a secret, thereby detaining the kidnapped person.
Legal Result: The person is liable under Section 142 for unlawful detention of a kidnapped person. They would be liable with the same punishment as those who kidnapped the person initially.
Example 3:
Scenario: A person knows that a woman has been kidnapped for the purpose of forced labor. Instead of reporting the crime, they lock the woman in a room and ensure she remains captive in their facility.
Legal Outcome: This individual would be punished under Section 142 as if they had personally participated in the act of kidnapping or abduction.
Key Points in Section 142
Section 142 deals with Concealment with Knowledge of Kidnapping or Abduction. The main purpose of BNS section 142 is to discourage third-party involvement in prolonging the victim’s suffering. The Act outlines:
- Concealing or confining a person knowing they have been kidnapped or abducted is considered an offence
- The law applies to those who assist in hiding or imprisoning the victim despite knowing the act is illegal.
- The accomplice is punished similarly to the person who carried out the kidnapping or abduction.
- It applies even if the person concealing the victim did not commit the original act but is complicit in continuing it.
Differences Between Section 142 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 142 of BNS and its equivalent IPC section 368 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 142 | Wrongfully concealing or keeping in confinement, kidnapped or abducted person. | 368 | No change. |
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FAQs about Section 142 of the Bharatiya Nyaya Sanhita (BNS)
Who can be prosecuted under section 142?
Anyone involved in concealing or wrongfully confining a kidnapped or abducted person can be prosecuted under Section 142. This applies even if the person did not commit the original kidnapping or abduction but aided in continuing the unlawful confinement.
Is intent important to prove guilt under Section 142?
Yes, intent is crucial. The prosecution must prove that the accused knowingly concealed or confined the kidnapped or abducted person with the intent to facilitate the crime, evade detection, or prevent the victim’s rescue.
What is the punishment for violating Section 142?
The punishment for wrongfully concealing or confining a kidnapped or abducted person includes imprisonment and may also include fines. The severity of the sentence depends on the circumstances and the harm caused to the victim.
Does this section apply if the victim is voluntarily staying?
No, Section 142 does not apply if the victim is voluntarily staying with the accused and is not under duress, coercion, or wrongful influence. The law targets instances of unlawful and forced confinement.
How does Section 142 support victim protection?
Section 142 ensures victim protection by criminalizing acts that extend or worsen the harm caused by kidnapping or abduction. It deters perpetrators from further exploiting or harming victims, emphasising the importance of individual liberty and safety.
Is Section 142 applicable to accomplices?
Yes, Section 142 applies to accomplices who aid in concealing or confining the victim. Even if they were not directly involved in the initial act of kidnapping or abduction, their role in perpetuating the crime makes them liable.
Can someone be charged under Section 142 without evidence of kidnapping?
No, Section 142 requires evidence of prior kidnapping or abduction. The concealment or confinement must be connected to these offenses for the section to apply, making the underlying crime essential to the charge.
