BNS Section 142: Wrongfully Concealing or keeping in Confinement, Kidnapped or Abducted Person

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.

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