CrPC Section 342
πΉ Section 342 of the CrPC (Code of Criminal Procedure) β [Now Repealed]
This section used to relate to the power of the court to examine the accused during trial. However, this was repealed and replaced by Section 313 of CrPC, which now serves the same purpose with modifications.
π Current applicable section for examining the accused: Section 313 of CrPC, not 342.
β Purpose of (Old) Section 342 / Current Section 313 CrPC:
It allows the trial court to question the accused directly.
The aim is to give the accused a chance to explain the evidence appearing against them.
The statement made by the accused is not under oath, but it can be used against them.
This ensures fairness and the right to be heard.
So, if youβre looking for the CrPC section used to examine the accused, you should refer to Section 313 CrPC, not 342.
πΉ Section 342 of the Indian Penal Code (IPC) β Wrongful Confinement
This is a substantive criminal law provision (not procedural like CrPC), and it's still in force.
π Full Title:
"Punishment for wrongful confinement"
πΈ Meaning:
Section 342 IPC punishes anyone who wrongfully confines another person. It is a more specific form of wrongful restraint defined in Section 339 IPC.
πΉ Full Text of Section 342 IPC:
"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 one thousand rupees, or with both."
πΈ Key Elements of Section 342 IPC:
Wrongful Confinement:
Defined in Section 340 IPC.
Means wrongfully restraining someone in such a way that they cannot proceed beyond certain limits.
Intention:
The act must be intentional, not accidental.
Punishment:
Up to 1 year of imprisonment, or
Fine up to βΉ1,000, or
Both.
β Examples of Offence Under Section 342 IPC:
A shopkeeper locks a customer inside the store over a dispute β this can be wrongful confinement.
A person is locked in a room against their will, even for a few minutes β this may also qualify.
πΈ Nature of the Offence:
| Aspect | Detail |
|---|---|
| Cognizable | No |
| Bailable | Yes |
| Triable By | Any Magistrate |
| Compoundable | Yes (by the person confined) |
π§ Summary:
| Provision | Meaning |
|---|---|
| CrPC Section 342 | Repealed β It dealt with examining the accused (now covered under Section 313 CrPC) |
| IPC Section 342 | Punishes wrongful confinement β jail up to 1 year or fine βΉ1,000 or both |
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