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Section340
The Indian Penal Code, 1860

Wrongful confinement

Repealed From 01 Jan 1862 Act 45 of 1860 As on 15 Oct 2026

Act 45 of 1860 Ministry Home Affairs Enacted 06 Oct 1860 In force 01 Jan 1862

This provision is repealed. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 340 of the Indian Penal Code, 1860 deals with wrongful confinement. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.

Illustrations

(a) A causes Z to go within a walled space, and locks Z. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines z.

(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts leave the building. A wrongfully confines Z.

Section 340, The Indian Penal Code, 1860 (Act 45 of 1860).

Now in the Bharatiya Nyaya Sanhita

BNS 127 Wrongful confinement Text carried over almost unchanged 90%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Subhash Krishnan vs State of Goa

    Supreme Court of India 17 Aug 2012 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    In criminal trials involving identification evidence, when multiple independent eyewitnesses positively identify the accused in court with specific reference to identifying features (such as distinctive clothing) and distinctive acts performed during the crime, and when such in-court identification is corroborated by: (a) participation in prior test identification parade conducted within reasonable time of occurrence (24 days) where accused did not challenge procedures; (b) recovery of vehicle and weapons linked to appellant; (c) credible evidence of previous acquaintance supporting enduring impress of identity; (d) consistent medical/forensic evidence; and (e) circumstances of arrest at scene with weapons, the absence of formal cross-examination of key witness (due to unavoidable circumstances) or initial non-mention in complaint does not vitiate the trial or conviction. The purpose of investigation is to set law in motion and collect evidence; if investigative procedures are thereafter followed lawfully and evidence collected is sufficiently corroborated, conviction can be upheld despite technical defects in initiation of investigation.

    On this section: Wrongful confinement - interpreted to include restraint of unconscious person who is prevented from proceeding in any direction due to incapacity caused by criminal force

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 340

What have the courts held on Section 340 of the Indian Penal Code?

Subhash Krishnan vs State of Goa (17 Aug 2012) is the leading judgment on this section among those set out below: Wrongful confinement - interpreted to include restraint of unconscious person who is prevented from proceeding in any direction due to incapacity caused by criminal force.

How do I find court cases under Section 340 of the Indian Penal Code?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 340, section 340 IPC, section 340 of the Indian Penal Code. People searching for it also type ipc 340 2 in hindi and ipc 340 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Subhash Krishnan vs State of Goa (17 Aug 2012).

What should I read with Section 340 of the Indian Penal Code, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNS 127 (Wrongful confinement), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 340 of the Indian Penal Code come into force?

Section 340 of the Indian Penal Code, cited as IPC 340, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.