IPC 361→BNS 137(1)(b)

IPC 361 to BNS 137(1)(b): Kidnapping from lawful guardianship

Section 361 IPC (1860) replaced by Section 137(1)(b) BNS (2023)

View IPC Section 361 →View BNS Section 137(1)(b) →

IPC 361 to BNS 137(1)(b) at a Glance

Section 361 IPC (Kidnapping from lawful guardianship) is now Section 137(1)(b) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 361 to BNS 137(1)(b)?

Section 361 IPC is codified as clause b of sub-section 1 of Section 137 BNS. Under the IPC, the provision applied to a male under sixteen years of age or a female under eighteen years of age. Under Section 137(1)(b) BNS, this phrasing is replaced by any child. Section 2(3) BNS defines a child as a person below eighteen years of age, so a boy aged sixteen or seventeen is now covered. Within clause b, the statutory wording reads this clause in place of this section, and the consolidated provision sits under the heading Kidnapping in Section 137 BNS.

IPC 361 vs BNS 137(1)(b): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section361137(1)(b)
OffenceKidnapping from lawful guardianshipSame
PunishmentNone. Section 361 IPC is a definition and does not prescribe a sentence of imprisonment. Kidnapping from lawful guardianship is punished under Section 363 IPC with imprisonment of either description extending up to seven years.None under Section 137(1)(b) BNS, which is a definition clause. Kidnapping from lawful guardianship is punished under Section 137(2) BNS with imprisonment of either description for a term which may extend to seven years.
FineNone under Section 361 IPC. Liability to fine is prescribed under Section 363 IPC and following penal sections.None under Section 137(1)(b) BNS. Liability to fine is prescribed under Section 137(2) BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 361 and BNS 137(1)(b): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 361, IPC 1860

361. Kidnapping from lawful guardianship.—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 2023 (in force)

Section 137(1)(b), 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 361 vs BNS 137(1)(b)

Under IPC 361
  1. Taking or enticing a male under sixteen years of age, a female under eighteen years of age, or a person of unsound mind
  2. The person was in the keeping of a lawful guardian, including any person lawfully entrusted with care or custody
  3. The taking or enticing was done out of such keeping without the consent of the lawful guardian
Under BNS 137(1)(b)
  1. Taking or enticing any child or any person of unsound mind out of the keeping of a lawful guardian without consent
  2. Definition of child as a person below eighteen years of age under Section 2(3) BNS
  3. Retention of the Explanation on lawful guardianship and the good faith custody Exception under clause b of Section 137(1) BNS

What IPC 361 to BNS 137(1)(b) Means for Pending Cases

For Section 361 IPC (now Section 137(1)(b) BNS): under Section 137(1)(b) BNS, the definition covers any child below eighteen years of age and now reaches a boy aged sixteen or seventeen. A charge for an act done after the BNS came into force cites Section 137(2) BNS with the definition in Section 137(1)(b) BNS.

FAQs: IPC 361 to BNS 137(1)(b)

What changed between Section 361 IPC and Section 137(1)(b) BNS?▼

Section 137(1)(b) BNS replaces the separate age limits of sixteen for males and eighteen for females with the single term child. Because Section 2(3) BNS defines a child as any person below eighteen years, boys aged sixteen and seventeen are now included.

Where is Section 361 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 361 IPC is codified as clause b 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 361 IPC or Section 137(1)(b) BNS apply to an act done before 1 July 2024?▼

Section 361 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 361 IPC. Section 137(1)(b) 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 ·