Wrongful confinement of person for whose liberation writ has been issued
Section 345 of the Indian Penal Code, 1860 deals with wrongful confinement of person for whose liberation writ has been issued. Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter.
Section 345, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 127 Wrongful confinement Close, with changes 78%
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 The repealed enactment still governs what happened while it was in force.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.
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Gegraj vs State of Rajasthan
Court's Decision & Legal Precedent
Where witness statements specifically name the accused as perpetrators of alleged injuries and the magistrate has taken cognizance under Section 190 CrPC and ordered summoning of the accused through bailable warrants, the High Court will not interfere under Section 482 CrPC unless the orders suffer from illegality or abuse of process. The mere existence of conflicting versions does not provide grounds for quashing criminal proceedings at the pre-trial stage.
On this section: Punishment for wrongful confinement; one of the charges against the petitioners
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Prahlad vs State of Rajasthan through Pp.
Court's Decision & Legal Precedent
In cases where an accused is named in an FIR under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act but no specific overt act is attributed to him, and the matter appears to be one of conflicting versions, bail may be granted on the condition of surrender before the trial court, leaving the final decision on bail terms to the trial court's discretion.
On this section: Wrongful confinement - one of the charges against the appellant
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 345
What have the courts held on Section 345 of the Indian Penal Code?
Gegraj vs State of Rajasthan (24 Aug 2017) is the leading judgment on this section among those set out below: Punishment for wrongful confinement; one of the charges against the petitioners. Another 1 judgment on this section is set out below.
How do I find court cases under Section 345 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 345, section 345 IPC, section 345 of the Indian Penal Code. People searching for it also type ipc 345d and ipc 345 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Gegraj vs State of Rajasthan (24 Aug 2017).
What should I read with Section 345 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 345 of the Indian Penal Code come into force?
Section 345 of the Indian Penal Code, cited as IPC 345, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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