Indian Penal Code, 1860
Section 368
repealedWrongfully concealing or keeping in confinement, kidnapped or abducted person
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.
Why this exists
This section closes a loophole by making it clear that helping to hide or continue confining a kidnapping victim is just as serious as carrying out the original kidnapping, since such concealment prolongs the victim's suffering and helps the original wrongdoer escape justice. The Bharatiya Nyaya Sanhita, 2023 retains an equivalent provision punishing concealment of a kidnapped or abducted person.
How courts read it
Courts examine the concealer's knowledge that the person had been kidnapped or abducted and match the punishment to the underlying purpose or intent behind the concealment, effectively treating the concealer as equally culpable as the original abductor for that purpose.
Common misconceptions
- Myth: Only the person who physically kidnaps someone can be punished for kidnapping.
Fact: Anyone who knowingly helps conceal or confine a kidnapping victim afterward is punished exactly as if they had committed the original kidnapping or abduction.