IPC 365 BNS Equivalent: New Section and What Changed

What Changed From IPC 365 to BNS 140(3)?

Section 365 IPC corresponds to Section 140(3) BNS. The statutory elements, covering kidnapping or abducting with intent to secretly and wrongfully confine any person, are preserved without alteration. The punishment of imprisonment of either description for up to seven years and liability to fine continues unchanged.

IPC 365 vs BNS 140(3): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	365	140(3)
Offence	Kidnapping or abducting with intent secretly and wrongfully to confine person	Same
Punishment	Imprisonment of either description for a term extending up to seven years	Same
Fine	Liable to fine	Same
Bail	Non-Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Non-Compoundable	Same
Triable By	Magistrate of the first class	Same

IPC 365 and BNS 140(3): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 365, IPC 1860

365. Kidnapping or abducting with intent secretly and wrongfully to confine person.—Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

BNS 2023 (in force)

Section 140(3), BNS 2023

(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Ingredients: IPC 365 vs BNS 140(3)

Under IPC 365

Kidnapping any person from India or from lawful guardianship, or abducting any person by force or deceit
Intent to cause that person to be wrongfully confined
Intent that such wrongful confinement shall be secret, concealing the victim from discovery

Under BNS 140(3)

Kidnapping or abducting any person
Specific intent to cause that person to be secretly and wrongfully confined
Preservation of imprisonment of either description extending up to seven years and liability to fine under Section 140(3) BNS
Integration into consolidated Section 140 BNS governing kidnapping offences

What IPC 365 to BNS 140(3) Means for Pending Cases

For Section 365 IPC (now Section 140(3) BNS): under Section 140(3) BNS, the offence and punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 140(3) BNS and is framed on the same elements as before.

FAQs: IPC 365 to BNS 140(3)

What changed between Section 365 IPC and Section 140(3) BNS?▼

The legal elements, procedural classification, and sentencing provisions remain identical. Section 140(3) BNS carries forward the text of Section 365 IPC as part of a consolidated section addressing aggravated forms of kidnapping.

Where is Section 365 IPC placed in the Bharatiya Nyaya Sanhita?▼

Section 365 IPC is codified as sub-section 3 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 365 IPC or Section 140(3) BNS apply to an act done before 1 July 2024?▼

Section 365 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 365 IPC. Section 140(3) BNS governs acts done on or after 1 July 2024.

IPC 365 to BNS 140(3): Kidnapping or abducting with intent secretly and wrongfully to confine person

IPC 365 to BNS 140(3) at a Glance