BNS Section 128 - Wrongful Confinement to Extort Confession
Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any confession or any information which may lead to the discovery of an offence or misconduct.
Non-bailable, Cognizable
Official Text
“Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any confession or any information which may lead to the discovery of an offence or misconduct.”
Legal Analysis
Elements to Prove:
- Wrongful confinement.
- For purpose of extorting confession.
- Intent to obtain information.
Potential Defenses:
- Lawful authority.
- No intent to extort.
- Emergency situation.
Practical Examples
What Constitutes the Offense:
Holding for confession, confining to extract information, detention for statements.
What Doesn't Constitute:
Lawful interrogation, authorized detention, or emergency situations.
Punishment
Imprisonment up to 3 years, or Fine, or both