Indian Penal Code, 1860
Section 365
repealedKidnapping or abducting with intent secretly and wrongfully to confine person
Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Why this exists
This section punishes kidnapping or abduction done specifically to enable illegal confinement, recognizing that hiding a victim away compounds the harm by cutting them off from help and prolonging their suffering. It bridges the act of taking someone away with the further wrongful act of secretly holding them captive. The Bharatiya Nyaya Sanhita, 2023 retains a similar provision for kidnapping or abduction with intent to secretly confine.
How courts read it
Courts look for evidence that secrecy and wrongful confinement were the specific intent behind the abduction, distinguishing this from abduction for other purposes like marriage or begging, which fall under different sections.