BNS Section 137: Kidnapping (formerly IPC 359, IPC 360, IPC 361 and IPC 363)
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 137: Kidnapping
From 1 July 2024
(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.
What it replaced in the IPC
BNS 137(1) ← IPC 359 · KidnappingChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: IPC section is included as a sub-section in BNS.
Printed in both official correspondence tables (BPR&D and NCRB).
Kidnapping is of two kinds: kidnapping from [India], and kidnapping from lawful guardianship.
BNS 137(1)(a) ← IPC 360 · Kidnapping from IndiaChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: IPC section is included as a sub-section in BNS.
Printed in both official correspondence tables (BPR&D and NCRB).
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].
BNS 137(1)(b) ← IPC 361 · Kidnapping from lawful guardianshipChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: The IPC section is included as a clause in the BNS. Words “minor under the age of sixteen years of male or under eighteen years of age if a female” are replaced by “child” thus making it gender neutral.
Printed in both official correspondence tables (BPR&D and NCRB).
Whoever takes or entices any minor under [sixteen] years of age if a male, or under [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 or custody of such minor or other person.
Exception.—This section 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.
BNS 137(2) ← IPC 363 · Punishment for kidnappingDrafting change only
BPR&D's comparison records a change of drafting only, so the substance is the same.
What changed, per BPR&D: IPC section is included as a sub-section in BNS sans heading.
Printed in both official correspondence tables (BPR&D and NCRB).
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.
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 359
They remain the law on IPC 359. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 16.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), pages 39, 40.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.