Code
Section 142 – Bharatiya Nyaya Sanhita (BNS)
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 of Section 142 BNS
Section 142 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalizes the act of wrongfully concealing or confining a kidnapped or abducted person. If a person knowingly hides or detains someone who has already been kidnapped or abducted, they will face the same punishment as the actual kidnapper or abductor.
This provision ensures that individuals who assist in the illegal confinement of victims are held equally responsible, discouraging third-party involvement in such crimes.
Key Elements of the Offense
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Knowledge of Kidnapping or Abduction
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The accused must be aware that the victim has been kidnapped or abducted.
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Wrongful Concealment or Confinement
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The act of hiding or restraining the kidnapped person is essential for establishing liability.
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Punishment Similar to Kidnapping or Abduction
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The offender will face the same penalty as the actual kidnapper, depending on the intent, knowledge, and purpose of the confinement.
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Illustrations
Example 1: Aiding in Hiding a Kidnapped Person
A person is kidnapped for ransom. His relative, knowing about the crime, provides shelter to the kidnapper and the victim. Under Section 142 BNS, this relative will be punished as if they had committed the kidnapping themselves.
Example 2: Preventing Escape of an Abducted Person
A landlord locks a kidnapped victim in a house at the request of the abductor. Even if the landlord was not involved in the original crime, they will be held accountable under Section 142 BNS.
Common Questions and Answers on Section 142 BNS
1. What is the punishment under Section 142 BNS?
Since the punishment is the same as that for kidnapping or abduction, the offender may face imprisonment, a fine, or both, depending on the severity of the crime.
2. Does this law apply if someone unknowingly shelters an abducted person?
No. Knowledge of the crime is necessary for liability. If someone unknowingly provides shelter to a kidnapped person, they are not guilty under Section 142 BNS.
3. Can a person be charged under both Section 142 BNS and Section 141 BNS (Kidnapping and Abduction)?
Yes, if the person was involved in the original kidnapping/abduction and later in the concealment/confinement, both charges can apply.
4. What if the kidnapped person is hidden without any ransom demand?
Even if there is no ransom demand, wrongfully concealing or confining a kidnapped person is a crime and punishable under Section 142 BNS.
5. Can the offense under Section 142 BNS be compounded (settled out of court)?
No. Since kidnapping and abduction are serious offenses, they are not compoundable, meaning they cannot be settled between the parties.
Conclusion
Section 142 BNS ensures strict liability for those who aid in the unlawful detention of kidnapped or abducted individuals. By imposing the same punishment as that for kidnapping, it discourages third-party involvement in such crimes and strengthens the legal framework against wrongful confinement.
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