Indian Penal Code, 1860
Section 345
repealedWrongful 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 other section of this Chapter.
Why this exists
A writ of habeas corpus is a fundamental legal tool that orders someone's release from unlawful detention. Defying such an order shows deliberate contempt for the justice system, not just disregard for the confined person's liberty, so the law adds an extra layer of punishment for this specific defiance.
How courts read it
This section connects closely to the constitutional remedy of habeas corpus; courts treat continued detention after a habeas corpus writ as a serious affront to judicial authority, on top of whatever criminal liability already exists for the confinement.
Common misconceptions
- Myth: This is the same as ordinary wrongful confinement.
Fact: This punishment is specifically added on top of any punishment for the confinement itself, and only applies once the person knew a court's release order (writ) had been issued.