Bharatiya Nyaya Sanhita 2023
Section 140 :
Kidnapping or abducting in order to murder or for ransom etc :
(See section 364, 364A, 365, 367 of IPC 1860)
Section : 140(1)
Classification of Offence:
Offence : Kidnapping or abducting in order to murder.
Punishment : Imprisonment for life, or rigorous imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Section : 140(2)
Classification of Offence:
Offence : Kidnapping for ransom, etc
Punishment : Death, or imprisonment for life and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Section : 140(3)
Classification of Offence:
Offence : Kidnapping or abducting with intent secretly and wrongfully to confine a person.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 140(4)
Classification of Offence:
Offence : Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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(1) Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Illustrations :
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.
(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Indian Penal Code 1860 (IPC 1860)
Section 364 :
Kidnapping or abducting in order to murder:
(See section 140 of BNS 2023)
Classification of Offence:
Offence: Kidnapping or abducting in order to murder.
Punishment :Imprisonment for life, or rigorous imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 1.[imprisonment for life] or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Illustrations :
(a) A kidnaps Z from 2.[India], intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. 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 364A :
1.[Kidnapping for ransom, etc:
(See section 140 of BNS 2023)
Classification of Offence:
Offence: Kidnapping for ransom, etc.
Punishment : Death or Imprisonment for life and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or 2.[any foreign State or international inter-governmental organisation or any other person] to do or abstain from doing any act or to pay shall be punishable with death, or imprisonment for life, and shall also be liable to fine.]
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1. Ins. by Act 42 of 1993, s. 2.
2. Subs. by Act 24 of 1995, s. 2, for “any other person”.
Section 365 :
Kidnapping or abducting with intent secretly and wrongfully to confine person:
(See section 140(3) of BNS 2023)
Classification of Offence:
Offence: Kidnapping or abducting with intent secretly and wrongfully to confine a person.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :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 or abducts any person with intent to cause that person to be secretly and wrongfully confined, 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 :
Madhya Pradesh :
Offence under section365 is triable by Court of Session.
Section 367 :
Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc:
(See section 140(4) of BNS 2023)
Classification of Offence:
Offence: Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
Punishment :Imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.