IPC 363 to BNS 137(2): Punishment for kidnapping
Section 363 IPC (1860) replaced by Section 137(2) BNS (2023)
IPC 363 to BNS 137(2) at a Glance
Section 363 IPC (Punishment for kidnapping) is now Section 137(2) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.
What Changed From IPC 363 to BNS 137(2)?
Section 363 IPC corresponds to Section 137(2) BNS. The statutory punishment of imprisonment of either description for up to seven years and liability to fine is preserved. Under the corresponding definition in Section 137(1)(b) BNS, the term child covers all persons under eighteen years of age, expanding protection for male children aged sixteen and seventeen beyond the previous thresholds under Section 361 IPC.
IPC 363 vs BNS 137(2): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 363 | 137(2) |
| Offence | Punishment for kidnapping | Same |
| Punishment | Imprisonment of either description for a term extending up to seven years | Same |
| Fine | Liable to fine | Same |
| Bail | Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 363 and BNS 137(2): Bare Act Text Side by Side
Section 363, IPC 1860
Section 137(2), BNS 2023
Ingredients: IPC 363 vs BNS 137(2)
- Kidnapping any person from India without valid consent
- Or 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 their lawful guardian
- Absence of consent from the lawful guardian in cases of guardianship removal
- Actual removal or conveying of the person from their lawful custody or beyond India
- Conveying any person beyond India without authorized consent
- Taking or enticing a child under eighteen years of age or person of unsound mind from lawful guardianship
- Absence of consent from the lawful guardian
- Preservation of the seven-year maximum term of imprisonment and liability to fine under Section 137(2) BNS
What IPC 363 to BNS 137(2) Means for Pending Cases
FAQs: IPC 363 to BNS 137(2)
What changed between Section 363 IPC and Section 137(2) BNS?▼
The punishment of imprisonment up to seven years and liability to fine remains unchanged. The primary substantive alteration is in the underlying definition in Section 137(1)(b) BNS, which uses the term child to protect all boys and girls under eighteen years of age equally.
Where is Section 363 IPC codified in the Bharatiya Nyaya Sanhita?▼
Section 363 IPC is codified as sub-section 2 of Section 137 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of kidnapping, abduction, slavery and forced labour.
Does Section 363 IPC or Section 137(2) BNS apply to an act done before 1 July 2024?▼
Section 363 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 363 IPC. Section 137(2) 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 ·