IPC 369→BNS 97

IPC 369 to BNS 97: Kidnapping or abducting child under ten years with intent to steal from its person

Section 369 IPC (1860) replaced by Section 97 BNS (2023)

View IPC Section 369 →View BNS Section 97 →

IPC 369 to BNS 97 at a Glance

Section 369 IPC (Kidnapping or abducting child under ten years with intent to steal from its person) is now Section 97 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 369 to BNS 97?

Section 369 IPC is now Section 97 BNS. The statutory text and punishment remain identical in substance, while the section heading in the new code adds the words of age.

IPC 369 vs BNS 97: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section36997
OffenceKidnapping or abducting child under ten years with intent to steal from its personSame
PunishmentImprisonment of either description for a term extending up to seven yearsSame
FineLiable to fineSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 369 and BNS 97: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 369, IPC 1860

369. Kidnapping or abducting child under ten years with intent to steal from its person.—Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, 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 97, BNS 2023

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, 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 369 vs BNS 97

Under IPC 369
  1. The accused kidnapped or abducted a child
  2. The child was under the age of ten years
  3. The act was committed with the intention of taking dishonestly any movable property from the person of such child
Under BNS 97
  1. Kidnapping or abducting any child under ten years of age
  2. Intention of taking dishonestly any movable property from the person of such child
  3. Preservation of imprisonment of either description extending up to seven years and liability to fine under Section 97 BNS

What IPC 369 to BNS 97 Means for Pending Cases

For Section 369 IPC (now Section 97 BNS): under Section 97 BNS, the offence and punishment are unchanged. A charge for an act done after the BNS came into force cites Section 97 BNS and is framed on the same elements as before.

FAQs: IPC 369 to BNS 97

What changed between Section 369 IPC and Section 97 BNS?▼

The core legal elements and punishment remain unchanged. Section 97 BNS carries forward the offence of kidnapping or abducting a child under ten years of age to steal from its person, preserving imprisonment extending to seven years and liability to fine.

Where is Section 369 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 369 IPC is codified as Section 97 BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of offences against child.

Does Section 369 IPC or Section 97 BNS apply to an act done before 1 July 2024?▼

Section 369 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 369 IPC. Section 97 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 ·