IPC 364→BNS 140(1)

IPC 364 to BNS 140(1): Kidnapping or abducting in order to murder

Section 364 IPC (1860) replaced by Section 140(1) BNS (2023)

View IPC Section 364 →View BNS Section 140(1) →

IPC 364 to BNS 140(1) at a Glance

Section 364 IPC (Kidnapping or abducting in order to murder) is now Section 140(1) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 364 to BNS 140(1)?

Section 364 IPC corresponds to Section 140(1) BNS. The offence of kidnapping or abducting in order to murder is preserved with identical elements, maintaining both statutory illustrations. The prescribed punishment of imprisonment for life or rigorous imprisonment up to ten years and liability to fine continues without alteration.

IPC 364 vs BNS 140(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section364140(1)
OffenceKidnapping or abducting in order to murderSame
PunishmentImprisonment for life, or rigorous imprisonment for a term extending up to ten yearsSame
FineLiable to fineSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 364 and BNS 140(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 364, IPC 1860

364. Kidnapping or abducting in order to murder.—Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
BNS 2023 (in force)

Section 140(1), BNS 2023

(1) Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations. (a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.

Ingredients: IPC 364 vs BNS 140(1)

Under IPC 364
  1. Kidnapping any person from India or from lawful guardianship, or abducting any person by force or deceit
  2. The act was committed in order that such person may be murdered
  3. Or in order that such person may be so disposed of as to be put in danger of being murdered
  4. Existence of the specific homicidal intention or knowledge at the time of the removal or inducement
Under BNS 140(1)
  1. Kidnapping or abducting any person
  2. Specific intent that the person may be murdered or placed in danger of murder
  3. Punishment of imprisonment for life or rigorous imprisonment up to ten years and liability to fine under Section 140(1) BNS
  4. Retention of statutory illustrations detailing sacrificial intent and homicidal abduction

What IPC 364 to BNS 140(1) Means for Pending Cases

For Section 364 IPC (now Section 140(1) BNS): under Section 140(1) BNS, the offence and punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 140(1) BNS and is framed on the same elements as before.

FAQs: IPC 364 to BNS 140(1)

What changed between Section 364 IPC and Section 140(1) BNS?▼

The substantive offence, statutory elements, both illustrations, and punishments remain identical. Section 140(1) BNS incorporates Section 364 IPC into a broader consolidated section addressing aggravated kidnapping offences.

Where is Section 364 IPC codified in the Bharatiya Nyaya Sanhita?▼

Section 364 IPC is codified as sub-section 1 of Section 140 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of kidnapping, abduction, slavery and forced labour.

Does Section 364 IPC or Section 140(1) BNS apply to an act done before 1 July 2024?▼

Section 364 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 364 IPC. Section 140(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: 17 Oct 2026 ·