Wrongful confinement only happens if someone is physically tied up or locked with chains.

The law also covers confinement through threats or fear, like armed guards stopping someone from leaving a building, as shown in illustration (b).

Confinement for a few hours doesn't count as a crime.

Even short confinement is punishable under clause (2); the punishment simply increases with duration under clauses (3) and (4).

If no ransom or property demand is involved, the offence is not serious.

Basic wrongful confinement is already punishable; extortion or coercion (clauses 7-8) are aggravating factors that increase punishment, not preconditions for the offence itself.

Bharatiya Nyaya Sanhita, 2023

Section 127

Wrongful confinement

(1) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings 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 in. 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 to leave the building. A wrongfully confines Z.§

(2) Whoever wrongfully confines any 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 five thousand rupees, or with both.§

(3) Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.§

(4) Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees.§

(5) 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 and shall also be liable to fine.§

(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine.§

(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.§

(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable§

security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Of criminal force and assault§

Why this exists

This provision continues the wrongful confinement framework from the old Indian Penal Code (Sections 340-348), rooted in 19th-century colonial law drafted by Macaulay's Law Commission. It protects personal liberty by criminalizing not just physical locking up, but any restriction that stops someone from moving beyond a boundary, including threats of force. Escalating punishments based on duration and intent (extortion, secrecy, defying a court order) reflect the increasing harm and culpability involved.

How courts read it

Indian courts have long held that wrongful confinement requires proof of a defined boundary the victim was prevented from crossing — total inability to move is not always required, but restriction to a bounded area is key. Courts have clarified that confinement can be through physical barriers or through threats/fear (as in illustration b), and that even a brief confinement can qualify, with duration only affecting the severity of punishment. Judgments have also distinguished wrongful confinement from wrongful restraint (a lesser, related offence) based on whether the person was confined within limits versus merely prevented from proceeding in one direction.

Common misconceptions

Myth: Wrongful confinement only happens if someone is physically tied up or locked with chains.
Fact: The law also covers confinement through threats or fear, like armed guards stopping someone from leaving a building, as shown in illustration (b).
Myth: Confinement for a few hours doesn't count as a crime.
Fact: Even short confinement is punishable under clause (2); the punishment simply increases with duration under clauses (3) and (4).
Myth: If no ransom or property demand is involved, the offence is not serious.
Fact: Basic wrongful confinement is already punishable; extortion or coercion (clauses 7-8) are aggravating factors that increase punishment, not preconditions for the offence itself.