Bharatiya Nyaya Sanhita, 2023
BNS Section 140
Kidnapping or abducting in order to murder or for ransom, etc
In one line
BNS Section 140 deals with kidnapping or abducting in order to murder or for ransom, etc and replaces IPC 364 (now 140(1)), IPC 364A (now 140(2)), IPC 365 (now 140(3)), IPC 367 (now 140(4)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 140(1) | Kidnapping or abducting in order to murder. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 140(2) | Kidnapping for ransom, etc. | Death, or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 140(3) | Kidnapping or abducting with intent secretly and wrongfully to confine a person. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 140(4) | Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 140
140. Kidnapping or abducting in order to murder or for ransom, etc.
(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.
What changed from the IPC
- IPC 364 → BNS 140(1): No Change except that IPC section is included as a sub-section in BNS.
- IPC 364A → BNS 140(2): Section is included as a sub-section in BNS sans heading.
- IPC 365 → BNS 140(3): Section is included as a sub-section in BNS sans heading.
- IPC 367 → BNS 140(4): Section is included as a sub-section in BNS sans heading.
Frequently asked
What was BNS Section 140 in the IPC?
BNS Section 140 (Kidnapping or abducting in order to murder or for ransom, etc) replaces Sections 364, 364A, 365, 367 of the Indian Penal Code, 1860. IPC 364 is now BNS 140(1). IPC 364A is now BNS 140(2). IPC 365 is now BNS 140(3). IPC 367 is now BNS 140(4).
What is the punishment under BNS 140(1)?
Kidnapping or abducting in order to murder – punishable with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 140(2)?
Kidnapping for ransom, etc – Death, or imprisonment for life and fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 140(3)?
Kidnapping or abducting with intent secretly and wrongfully to confine a person – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 140(4)?
Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 140 bailable?
Non-bailable: BNS 140(1), 140(2), 140(3), 140(4). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 135 — Assault or criminal force in attempt to wrongfully confine a person
- BNS 136 — Assault or criminal force on grave provocation
- BNS 137 — Kidnapping
- BNS 138 — Abduction
- BNS 139 — Kidnapping or maiming a child for purposes of begging
- BNS 141 — Importation of girl or boy from foreign country
- BNS 142 — Wrongfully concealing or keeping in confinement, kidnapped or abducted person
- BNS 143 — Trafficking of person
- BNS 144 — Exploitation of a trafficked person
- BNS 145 — Habitual dealing in slaves