IPC 359→BNS 137(1)

IPC 359 to BNS 137(1): Kidnapping

Section 359 IPC (1860) replaced by Section 137(1) BNS (2023)

View IPC Section 359 →View BNS Section 137(1) →

IPC 359 to BNS 137(1) at a Glance

Section 359 IPC (Kidnapping) is now Section 137(1) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 359 to BNS 137(1)?

Section 359 IPC is consolidated into sub-section 1 of Section 137(1) BNS. The two-fold classification of kidnapping into kidnapping from India and kidnapping from lawful guardianship is preserved. In the BNS, Section 359 IPC, Section 360 IPC, Section 361 IPC, and Section 363 IPC are merged into a single comprehensive section titled Kidnapping under Section 137(1) BNS.

IPC 359 vs BNS 137(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section359137(1)
OffenceKidnappingSame
PunishmentNone. Section 359 IPC is a classification provision that prescribes no term of imprisonment. Punishment for kidnapping is prescribed under Section 363 IPC, or under Section 363A to Section 366 IPC for aggravated forms.None under Section 137(1) BNS, which is a classification and definition provision. Punishment for kidnapping is prescribed under Section 137(2) BNS with imprisonment of either description for a term which may extend to seven years.
FineNone under Section 359 IPC. Fines are prescribed under Section 363 IPC and subsequent penal provisions.None under Section 137(1) BNS. Liability to fine is prescribed under Section 137(2) BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 359 and BNS 137(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 359, IPC 1860

359. Kidnapping.—Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.
BNS 2023 (in force)

Section 137(1), BNS 2023

(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.

Ingredients: IPC 359 vs BNS 137(1)

Under IPC 359
  1. Section 359 IPC is a classification provision dividing kidnapping into two categories
  2. Kidnapping from India, defined under Section 360 IPC as conveying any person beyond the limits of India without consent
  3. Kidnapping from lawful guardianship, defined under Section 361 IPC as taking or enticing a male under sixteen years of age, a female under eighteen years of age, or a person of unsound mind out of the keeping of the lawful guardian without the consent of the guardian
Under BNS 137(1)
  1. Classification of kidnapping into two kinds under Section 137(1) BNS
  2. Kidnapping from India defined under clause a of Section 137(1) BNS
  3. Kidnapping from lawful guardianship defined under clause b of Section 137(1) BNS

What IPC 359 to BNS 137(1) Means for Pending Cases

For Section 359 IPC (now Section 137(1) BNS): under Section 137(1) BNS, the two kinds of kidnapping are unchanged. A charge for kidnapping done after the BNS came into force cites Section 137(2) BNS with the definition in Section 137(1) BNS.

FAQs: IPC 359 to BNS 137(1)

What changed between Section 359 IPC and Section 137(1) BNS?▼

Section 359 IPC is incorporated into Section 137(1) BNS. The two statutory categories of kidnapping from India and kidnapping from lawful guardianship remain identical in substance.

Where is Section 359 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 359 IPC is codified as Section 137(1) BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of kidnapping, abduction, slavery and forced labour.

Does Section 359 IPC or Section 137(1) BNS apply to an act done before 1 July 2024?▼

Section 359 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 359 IPC. Section 137(1) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·