If the person escapes before being confined, no crime has occurred.

The force or assault used during the attempt to confine someone is itself punishable under this section, regardless of whether the confinement attempt actually succeeds.

Indian Penal Code, 1860

Section 357

repealed

Assault or criminal force in attempt wrongfully to confine a person

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.§

Why this exists

This section covers cases where an attempt to unlawfully confine someone involves physical force or assault, even if the confinement itself is never actually completed. It ensures that the violence used in a failed or interrupted confinement attempt is separately punishable.

Common misconceptions

Myth: If the person escapes before being confined, no crime has occurred.
Fact: The force or assault used during the attempt to confine someone is itself punishable under this section, regardless of whether the confinement attempt actually succeeds.