Bharatiya Nyaya Sanhita 2023
Of Kidnapping, Abduction, Slavery and Forced Labour :
Section 137 :
Kidnapping :
(See section 359, 360, 361, 363 of IPC 1860)
Section : 137 (2)
Classification of Offence:
Offence : Kidnapping
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship––
(a) whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India;
(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.
Explanation :
The words “lawful guardian” in this clause include any person lawfully entrusted with the care or custody of such child or other person.
Exception :
This clause does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Indian Penal Code 1860 (IPC 1860)
Of Kidnapping, Abduction, Slavery and Forced Labour :
Section 359 :
Kidnapping:
(See section 137 of BNS 2023)
Kidnapping is of two kinds : kidnapping from 1.[India], and kidnapping from lawful guardianship.
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1. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
Section 360 :
Kidnapping from India:
(See section 137 of BNS 2023)
Whoever conveys any person beyond the limits of 1.[India] without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from 1.[India].
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1. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
Section 361 :
Kidnapping from lawful guardianship:
(See section 137 of BNS 2023)
Whoever takes or entices any minor under 1.[sixteen] years of age if a male, or under 2.[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Explanation :
The words lawful guardian in this section include any person lawfully entrusted with the care of custody of such minor or other person.
Exception :
This section does not extend to the act of any person who is good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
State Amendment :
Manipur In its application to Union Territory of Manipur, in Section 361 for the word eighteen substituted the word “fifteen”.
[Vide Act No. 30 of 1950]
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1. Subs. by Act 42 of 1949, s. 2, for “fourteen”.
2. Subs. by Act 42 of 1949, s. 2, for “sixteen”.
Section 363 :
Punishment for kidnapping:
(See section 137(2) of BNS 2023)
Classification of Offence:
Offence: Kidnapping.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable ( State Amendment, Uttar Pradesh : Non-bailable)
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.( State Amendment, Madhye Pradesh : Court of Session)
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Whoever kidnaps any person from 1.[India] or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
State Amendment :
Madhye Pradesh :
Offence under section 363 is triable by Court of Session.
Uttar Pradesh :
Offence under section 363 is non-bailable.
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1. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.