Introduction of 142 BNS
142 BNS of the Bharatiya Nyaya Sanhita is a critical safeguard in kidnapping and abduction cases. It ensures that not only the kidnapper or abductor but also anyone who knowingly conceals or confines the victim is equally liable for the crime. By prescribing the same punishment for concealment as for the actual kidnapping, the law discourages individuals from helping offenders hide their victims. This provision strengthens victim protection and ensures that abduction crimes are not prolonged or facilitated by third parties.
The Bharatiya Nyaya Sanhita (BNS) Section 142 replaces the old Indian Penal Code (IPC) Section 368.
What is section 142 of BNS ?
BNS Section 142 deals with the offense of wrongfully concealing or keeping in confinement a person who has been kidnapped or abducted. If someone knows that a person has been kidnapped or abducted and intentionally hides or detains them, they can be punished as if they committed the kidnapping or abduction themselves.
Under Section 142 of the bns act 2023
Whoever wrongfully conceals or confines a person knowing that such person has been kidnapped or abducted shall be punished in the same manner as if he had committed the kidnapping or abduction.
Explanation in Simple Language
This section makes it clear that hiding or confining a kidnapped or abducted person is treated as seriously as committing the kidnapping itself.
- Even if you are not the actual kidnapper, but you know the person has been kidnapped/abducted and you intentionally conceal or detain them, you are guilty under this section.
- The punishment is exactly the same as for the person who actually committed the kidnapping or abduction.
- This ensures that helpers, protectors, or accomplices of kidnappers do not escape punishment.
Key Elements of Section 142 BNS
- Crime of Concealment → Hiding or confining a kidnapped/abducted person.
- Knowledge Factor → The person must know the victim has been kidnapped/abducted.
- Equal Punishment → Concealer is punished the same way as the kidnapper/abductor.
- Cognizable Offense → Police can arrest without a warrant.
- Non-Bailable → Bail is not easily granted due to seriousness.
- Non-Compoundable → Cannot be settled out of court.
- Trial Court → The case is tried by the same court that tries the kidnapping/abduction case.
Examples to Understand Section 142
Example 1 – Concealment at Home:
A knows B has been kidnapped by C. Instead of reporting it, A hides B in his house.
A will be punished as if he kidnapped B himself.
Example 2 – Helping the Abductor:
X abducts Y. Z, knowing this, locks Y in a shed to help X keep Y hidden.
Z will face the same punishment as X under Section 142.
Why Section 142 is Important
- It ensures accomplices of kidnappers face equal punishment.
- Prevents offenders from escaping liability by transferring victims to others.
- Strengthens victim protection and discourages concealment.
- Sends a strong message that any role in abduction—direct or indirect—is criminal.
Section 142 BNS Overview
BNS Section 142 defines the offense as knowingly concealing or confining someone who has been kidnapped or abducted. The person guilty of this crime is punished just as if they had committed the kidnapping or abduction themselves. This section ensures that anyone who assists in keeping a victim hidden faces the same legal consequences as the person who kidnapped or abducted them.
BNS Section 142 Overview :10 Key Points
- Crime of Concealing: This section criminalizes the act of hiding or confining a kidnapped or abducted person.
- Equal Punishment: The person guilty of concealing or confining is punished as if they had committed the original kidnapping.
- Intent or Knowledge: The law applies when the person knows that the victim has been kidnapped or abducted.
- Purpose of the Law: To prevent anyone from assisting kidnappers by concealing their victims.
- Severe Penalties: Penalties include imprisonment and fines, similar to those for kidnapping.
- Cognizable Offense: The police can arrest the offender without a warrant because it is a cognizable offense.
- Non-Bailable: The offense is non-bailable, meaning the accused cannot easily get bail.
- Non-Compoundable: The offense cannot be settled out of court through a compromise.
- Court of Trial: The case is tried by the same court that handles the kidnapping or abduction case.
- Protection of Kidnapping Victims: This section strengthens the legal framework to protect kidnapping victims from further harm..
Examples of BNS Section 142
- Example 1: A knows that B has been kidnapped by C. Instead of informing the authorities, A hides B in a room to prevent B from being found. A is guilty under Section 142 for concealing B.
- Example 2: X is abducted by Y. Z, knowing about the abduction, keeps X in his house and does not tell anyone. Z will be punished under this section as if he had committed the abduction himself.
BNS 142 Punishment
Imprisonment: The person guilty of concealing or confining a kidnapped or abducted person can face the same imprisonment as the kidnapper, which could be for many years .
Fine: A fine is also imposed on the guilty person, in addition to imprisonment.
BNS 142 bailable or not ?
Non-Bailable: The offense is non-bailable, meaning the accused cannot typically be released on bail.
Comparison Table – BNS Section 142 vs IPC Section 368
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 142 | Wrongfully concealing or keeping in confinement a person whom the offender knows to have been kidnapped or abducted. The concealer is treated as if they committed the kidnapping/abduction. | Punished in the same manner as the original kidnapping/abduction (i.e., same term of imprisonment and fine as applicable to that offence). | Non-bailable (serious nature; bail at court’s discretion) | Cognizable (police may arrest without warrant) | Tried by the same court as the original kidnapping/abduction (Magistrate of First Class or Court of Session depending on severity) |
| IPC Section 368 (Old) | Concealing or keeping in confinement a kidnapped person, knowing them to have been kidnapped; treated as an offence aiding the principal kidnapping/abduction. | Punished in the same way as the kidnapping/abduction itself under the IPC framework (imprisonment and fine as per the principal offence). | Non-bailable | Cognizable | Tried by the same court as the kidnapping/abduction (depends on offence severity) |
BNS Section 142 FAQs
What does BNS Section 142 cover?
It deals with wrongfully concealing or confining a kidnapped or abducted person, treating it as serious as the original crime.
What is the punishment for violating BNS Section 142?
The punishment is the same as for the original kidnapping or abduction, which can include imprisonment and a fine.
Is BNS Section 142 bailable?
No, it is a non-bailable offense.
What is the purpose of BNS Section 142?
To ensure that those who help in concealing or detaining kidnapped individuals face similar consequences as the kidnappers or abductors.
Where are cases under BNS Section 142 tried?
They are tried in the same court that handles the original kidnapping or abduction case.
Can the offense under BNS Section 142 be settled out of court?
No, it is non-compoundable, meaning it cannot be settled through a compromise.
Conclusion
BNS Section 142 is a powerful provision that ensures no accomplice or helper of a kidnapper escapes liability. By treating concealment or confinement of kidnapped/abducted persons as seriously as kidnapping itself, the law provides strong protection to victims. It also closes loopholes for criminals who might otherwise rely on others to hide victims. This section reflects India’s firm stance against all forms of kidnapping and ensures accountability not only for the primary offender but also for anyone who knowingly assists in such crimes.
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Finished with BNS 142 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 143: Trafficking of person.
- https://marriagesolution.in/bns_section/bns-section-143/
- Section 144 BNS : Habitual dealing in slaves.
- https://marriagesolution.in/bns_section/section-144-bns/
- BNS 145 : Habitual dealing in slaves.
- https://marriagesolution.in/bns_section/bns-145/
- BNS 146 : Unlawful compulsory labour.
- https://marriagesolution.in/bns_section/bns-146/
- 147 BNS : Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
- https://marriagesolution.in/bns_section/147-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list