IPC 360→BNS 137(1)(a)

IPC 360 to BNS 137(1)(a): Kidnapping from India

Section 360 IPC (1860) replaced by Section 137(1)(a) BNS (2023)

View IPC Section 360 →View BNS Section 137(1)(a) →

IPC 360 to BNS 137(1)(a) at a Glance

Section 360 IPC (Kidnapping from India) is now Section 137(1)(a) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 360 to BNS 137(1)(a)?

Section 360 IPC is codified as clause a of sub-section 1 of Section 137(1)(a) BNS. The definition of kidnapping from India, consisting of conveying any person beyond the limits of India without valid consent, is retained without substantive change. In the BNS, Section 359 IPC, Section 360 IPC, Section 361 IPC, and Section 363 IPC are consolidated into Section 137(1)(a) BNS under the heading Kidnapping.

IPC 360 vs BNS 137(1)(a): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section360137(1)(a)
OffenceKidnapping from IndiaSame
PunishmentNone. Section 360 IPC is a definition and does not prescribe a sentence of imprisonment. Punishment for kidnapping is prescribed under Section 363 IPC, or under Section 364 to Section 366 IPC for aggravated forms.None under Section 137(1)(a) BNS, which is a definition clause. Punishment for kidnapping from India is prescribed under Section 137(2) BNS with imprisonment of either description for a term which may extend to seven years.
FineNone under Section 360 IPC. Fines are prescribed under Section 363 IPC and following penal provisions.None under Section 137(1)(a) BNS. Liability to fine is prescribed under Section 137(2) BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 360 and BNS 137(1)(a): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 360, IPC 1860

360. Kidnapping from India.—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 2023 (in force)

Section 137(1)(a), 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 360 vs BNS 137(1)(a)

Under IPC 360
  1. Conveying any person beyond the territorial limits of India
  2. Doing so without the consent of that person
  3. Or doing so without the consent of someone legally authorised to consent on behalf of that person
Under BNS 137(1)(a)
  1. Conveying any person beyond the limits of India
  2. Absence of consent of that person or of someone legally authorised to consent on their behalf
  3. Codification under clause a of Section 137(1) BNS

What IPC 360 to BNS 137(1)(a) Means for Pending Cases

For Section 360 IPC (now Section 137(1)(a) BNS): under Section 137(1)(a) BNS, the definition of kidnapping from India is unchanged. A charge for an act done after the BNS came into force cites Section 137(2) BNS with the definition in Section 137(1)(a) BNS.

FAQs: IPC 360 to BNS 137(1)(a)

What changed between Section 360 IPC and Section 137(1)(a) BNS?▼

Section 360 IPC is incorporated as clause a of Section 137(1) BNS. The legal definition and essential elements of conveying a person beyond India without consent remain identical in substance.

Where is Section 360 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 360 IPC is codified as clause a of 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 360 IPC or Section 137(1)(a) BNS apply to an act done before 1 July 2024?▼

Section 360 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 360 IPC. Section 137(1)(a) 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 ·