IPC 364A→BNS 140(2)

IPC 364A to BNS 140(2): Kidnapping for ransom, etc

Section 364A IPC (1860) replaced by Section 140(2) BNS (2023)

View IPC Section 364A →View BNS Section 140(2) →

IPC 364A to BNS 140(2) at a Glance

Section 364A IPC (Kidnapping for ransom, etc) is now Section 140(2) 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 364A to BNS 140(2)?

Section 364A IPC corresponds to Section 140(2) BNS. The offence of kidnapping for ransom or compulsion, with its requirement of threats or apprehension of death or hurt to extort ransom or force action, is re-enacted verbatim. The alternative penalties of death or imprisonment for life and liability to fine remain unchanged.

IPC 364A vs BNS 140(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section364A140(2)
OffenceKidnapping for ransom, etcSame
PunishmentDeath, or imprisonment for lifeSame
FineLiable to fineSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 364A and BNS 140(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 364A, IPC 1860

364A. Kidnapping for ransom, etc.—Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.
BNS 2023 (in force)

Section 140(2), BNS 2023

(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.

Ingredients: IPC 364A vs BNS 140(2)

Under IPC 364A
  1. Kidnapping or abducting any person, or keeping them in detention after such kidnapping or abduction
  2. Threatening to cause death or hurt, or creating reasonable apprehension of death or hurt, or causing hurt or death
  3. The act is committed to compel the Government, a foreign State, an international inter-governmental organization, or any person
  4. The compulsion is directed toward doing or abstaining from any act or paying a ransom
Under BNS 140(2)
  1. Kidnapping or abducting any person, or keeping them in detention after such kidnapping or abduction
  2. Threatening to cause death or hurt, or creating reasonable apprehension of death or hurt, or causing hurt or death
  3. The act is committed to compel the Government, a foreign State, an international inter-governmental organisation, or any other person
  4. The compulsion is directed toward doing or abstaining from any act or paying a ransom

What IPC 364A to BNS 140(2) Means for Pending Cases

For Section 364A IPC (now Section 140(2) BNS): under Section 140(2) BNS, the offence and punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 140(2) BNS and is framed on the same elements as before.

FAQs: IPC 364A to BNS 140(2)

What changed between Section 364A IPC and Section 140(2) BNS?▼

The statutory ingredients, coercive categories, and capital punishment provisions remain identical. Section 140(2) BNS places the offence within a consolidated section governing aggravated kidnapping without altering its substance.

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

Section 364A IPC is codified as sub-section 2 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 364A IPC or Section 140(2) BNS apply to an act done before 1 July 2024?▼

Section 364A 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 364A IPC. Section 140(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 ·