Section 142 of BNS 2023: Penalties for Concealing or Confining a Kidnapped or Abducted Person
Overview
Section 142 of BNS 2023 addresses the offense of knowingly concealing or confining a kidnapped or abducted person. This section imposes the same penalties on those who conceal or confine the person as on those who committed the kidnapping or abduction.
Punishment
Under Section 142, the punishment for concealing or confining a kidnapped or abducted person is the same as that for kidnapping or abduction. The severity of the punishment depends on the intention or knowledge with which the person is concealed or detained.
Key Elements
- Knowledge: The person must know that the individual has been kidnapped or abducted.
- Concealment or Confinement: The act of wrongfully concealing or confining the kidnapped or abducted person.
- Intent or Knowledge: The concealment or confinement must be with the same intention or knowledge as the original kidnapping or abduction.
Examples
- Concealing a Kidnapped Child: A person discovers a kidnapped child and decides to hide the child in their home. This act is punishable under Section 142.
- Detaining an Abducted Individual: A person agrees to detain someone they know has been abducted to prevent their discovery. This is also covered by this section.
- Assisting in Confinement: A person provides a location to conceal an abducted individual, knowing the person’s status. They are subject to the same penalties as the kidnapper or abductor.
Historical Context
The concept of penalizing those who aid in concealing or confining kidnapped or abducted individuals has been integral to legal systems to ensure comprehensive justice. The Indian Penal Code (IPC) initially addressed such issues, which BNS 2023 refines to address modern legal challenges and ensure greater accountability.
Legislative Intent
The legislative intent behind Section 142 of BNS 2023 is to deter individuals from assisting in the concealment or confinement of kidnapped or abducted persons. By imposing the same penalties on accomplices, the law aims to ensure that all parties involved in the crime are held accountable, thereby enhancing the protection of individuals and promoting justice.
Conclusion
Section 142 of BNS 2023 is crucial for addressing the concealment or confinement of kidnapped or abducted individuals. By outlining the same penalties for those who assist in such acts as for the original offenders, it ensures comprehensive accountability and protection for victims.