Legal Provisions of Section 348 of Indian Penal Code, 1860.
Wrongful confinement to extort confession, or compel restoration of property:
Wrongful confinement to extort confession, or compel restoration of property has been made a punishable offence under this section. The section states that whoever wrongfully confines any person for the purpose of extorting either from him or from any person interested in him any confession or any information which may lead to the detection of either an offence or misconduct, or for the purpose of constraining either the person confined or any person interested in him either to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with simple or rigorous imprisonment for a term extending up to three years, and shall also be laible to fine.
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ADVERTISEMENTS:
The section requires the proof that a person has been wrongfully confined and the purpose of this must be to extort from him or anyone interested in him any confession or information which may lead to the detection of an offence or misconduct, or to constrain the person confined or anyone interested in him to restore or cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security. This section may be read in conjunction with section 330 of the Code.
The offence under section 348 is cognizable, bailable and non-compoundable, and is triable by any magistrate.
Of Criminal Force and Assault
ADVERTISEMENTS:
Sections 350 to 358 of the Code deal with the offences of criminal force and assault. While sections 350 and 351 respectively define these offences, sections 352 to 358 deal with penal provisions in those cases where criminal force or assault is committed. Since criminal force is defined in terms of ‘force’, the expression ‘force’ has been defined in the first section, section 349, of this pan of offences affecting the human body.