Section 140 BNS: Kidnapping or abducting in order to murder or for ransom, etc

Bharatiya Nyaya Sanhita, 2023

Section 140 BNS at a Glance

Section 140 BNS deals with kidnapping or abducting in order to murder or for ransom, etc. It is non-bailable and cognizable; it replaced Sections 364, 364A and 365 IPC on 1 July 2024.

Punishment

Imprisonment for life, or rigorous imprisonment for a term extending up to ten years

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 364 →

Section 140 BNS Bare Act Text

(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.

(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.

(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.

(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 140, Bharatiya Nyaya Sanhita, 2023

Section 140 BNS in the IPC (Previous Law)

Section 140 BNS replaced Sections 364, 364A and 365 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 140 BNS

What is the main difference between kidnapping and kidnapping for murder under Section 140(1) BNS?▼

Simple kidnapping only requires taking or enticing a person away in a manner covered by law. Under this section, the prosecution must also prove that the act was done with intent that the person may be murdered, or with knowledge that death is likely. That extra mental element makes the offence much more serious.

Can a person be charged under Section 140(1) BNS even if no murder actually happened?▼

Yes. Actual murder is not required. The offence is complete if kidnapping or abduction is proved along with the required intent or knowledge.

Is the offence under Section 140(1) BNS bailable?▼

No, it is generally treated as a non-bailable offence. The accused will usually have to seek bail from the court, and the decision depends on the facts of the case.

What evidence is usually used to prove an offence under Section 140(1) BNS?▼

Police and courts often rely on threats, call records, witness statements, recovery of the victim, prior enmity, and conduct after the abduction. Circumstantial evidence is often very important because direct proof of intention is rare.

What is the punishment under Section 140(2) BNS?▼

A person convicted under Section 140(2) BNS is punishable with death or imprisonment for life. The offender is also liable to pay a fine in addition to the sentence of death or life imprisonment.

Does Section 140(2) BNS apply only when a ransom of money is demanded?▼

No, Section 140(2) BNS is not limited to demands for money. It also applies when the kidnapping, abduction, or detention is done to compel the Government, a foreign State, an international inter-governmental organisation, or any other person to do or abstain from doing any act.

Is an explicit spoken threat required to make out an offence under Section 140(2) BNS?▼

No, an explicit spoken threat is not necessary under Section 140(2) BNS. The provision also applies if the offender's conduct gives rise to a reasonable apprehension that the victim may be put to death or hurt, or if hurt or death is actually caused.

Can a person who only keeps the victim in detention after the kidnapping be held liable under Section 140(2) BNS?▼

Yes. Section 140(2) BNS expressly covers not only a person who kidnaps or abducts the victim, but also anyone who keeps the person in detention after such kidnapping or abduction and makes the required threat, apprehension, or harm for ransom or compulsion.

What does Section 140(3) of the BNS cover?▼

Section 140(3) BNS covers kidnapping or abduction done with the intent to secretly and wrongfully confine the person. In simple words, it applies when someone is taken away so they can be hidden and unlawfully kept confined.

What has to be proved under Section 140(3) BNS?▼

The prosecution must show that there was kidnapping or abduction, and that it was done with the intent to cause secret and wrongful confinement. The intention behind taking the person is a key part of this provision.

Is Section 140(3) BNS bailable?▼

No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.

What is the punishment under Section 140(3) of the BNS?▼

The punishment written in Section 140(3) BNS is imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine. The exact sentence depends on the facts of the case.

How is Section 140(3) BNS different from kidnapping for murder or ransom?▼

Section 140(3) BNS is about kidnapping or abduction with intent to secretly and wrongfully confine a person. In the same section, sub-section (1) deals with kidnapping or abduction in order that the person may be murdered, and sub-section (2) deals with kidnapping or abduction linked to threats, hurt, death, or ransom to compel someone to do or not do an act.

What does Section 140(4) of the BNS cover?▼

Section 140(4) BNS covers kidnapping or abduction done so that the person may be subjected to grievous hurt, slavery, or the unnatural lust of any person, or put in danger of that happening. It also applies if the accused knew this was likely to happen. The focus is on the purpose or likely result behind the kidnapping or abduction.

What has to be proved under Section 140(4) BNS?▼

The prosecution must show that there was kidnapping or abduction, and that it was done with the required purpose or knowledge mentioned in Section 140(4) BNS. That means proving the person was taken or removed, and that the accused intended or knew it was likely the victim would face grievous hurt, slavery, or unnatural lust. The section also covers putting the person in danger of being so subjected.

What punishment is given in Section 140(4) BNS?▼

Section 140(4) BNS prescribes imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine. The exact sentence, if any, depends on the facts proved in the case. The bare text does not say more than this.

How is Section 140(4) BNS different from kidnapping for murder or ransom?▼

Section 140(4) BNS is about kidnapping or abduction for grievous hurt, slavery, or unnatural lust, or the danger of those outcomes. Section 140(1) BNS deals with kidnapping or abduction in order that the person may be murdered, while Section 140(2) BNS deals with kidnapping or abduction linked to threats, hurt, death, or detention to compel an act or payment of ransom. So the difference is mainly the purpose behind the kidnapping or abduction.

Section 140 BNS: Sub-sections Explained

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

▶

Bare Act Text

(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.

Explained in Simple Words

Section 140 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with kidnapping or abduction done with the intention that the victim may be murdered, or with the knowledge that the person is likely to be put to death. It is a serious offence because the law treats the taking away of a person, when linked to a planned killing or likely fatal harm, as a grave threat to life and public safety. This section applies when the prosecution can show a clear link between the kidnapping or abduction and the murderous intention or knowledge.

It is not enough to prove that a person was taken away. The State must also prove the mental element behind the act. In practical terms, this section is often invoked in cases of ransom, revenge, honour-related violence, or planned attacks where the victim is moved from one place to another before being killed or exposed to fatal danger.

For victims and families, this provision matters because it allows the police to treat the case as a very serious offence from the start. For accused persons, the main issue is whether the intention at the time of kidnapping can actually be proved by evidence such as threats, conduct, recovery of the victim, or surrounding circumstances.

Key Ingredients

  • Kidnapping or abducting any person
  • Specific intent that the person may be murdered or placed in danger of murder
  • Punishment of imprisonment for life or rigorous imprisonment up to ten years and liability to fine under Section 140(1) BNS
  • Retention of statutory illustrations detailing sacrificial intent and homicidal abduction

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, or rigorous imprisonment for a term extending up to ten years

💰 Liable to fine

Section 140(1) BNS punishes kidnapping or abducting any person in order that such person may be murdered or put in danger of being murdered with imprisonment for life or rigorous imprisonment extending up to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session. It is not compoundable.

Real-World Example

Near Ludhiana, Farhan approached Tarun outside his residence and deceitfully stated that Tarun's business partner had been severely injured in a collision and required immediate assistance at an isolated farmhouse. Relying on this deceptive representation, Tarun entered Farhan's vehicle. Farhan drove Tarun directly to the secluded compound where armed associates were waiting to execute Tarun over an ongoing financial dispute. Farhan abducted Tarun by deceitful means in order that Tarun might be murdered. Farhan committed the offence punishable under Section 140(1) BNS.

When This Does Not Apply

  • A person is abducted or kidnapped without any intention or knowledge that they may be murdered or exposed to fatal danger
  • Kidnapping or abduction is carried out purely for ransom or government coercion under Section 140(2) BNS
  • Kidnapping or abduction is committed solely to secretly and wrongfully confine the person under Section 140(3) BNS
  • The person accompanied the accused voluntarily and without any deceitful inducement or use of force

Previous Law

IPC 364 → Section 140(1) BNS

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.

Section 140(2) BNS: Kidnapping for ransom, etc

▶

Bare Act Text

(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.

Explained in Simple Words

Section 140(2) of the Bharatiya Nyaya Sanhita (BNS) punishes kidnapping or abducting a person, or keeping a person in detention after such kidnapping or abduction, for ransom or other compulsion. It applies to anyone who accompanies that kidnapping, abduction, or detention with a threat to cause death or hurt to the victim, conduct that gives rise to a reasonable apprehension of death or hurt, or the actual causing of hurt or death.

To attract this provision, the act must be done in order to compel the Government, a foreign State, an international inter-governmental organisation, or any other person either to do or abstain from doing any act, or to pay a ransom. Even without an explicit verbal threat, conduct that creates a reasonable fear that the victim may be killed or hurt is enough.

Because of the grave danger to human life and public security, Section 140(2) BNS prescribes the most severe penalties under the Sanhita. A person convicted under this sub-section is punishable with death, or imprisonment for life, and is also liable to fine.

Key Ingredients

  • Kidnapping or abducting any person, or keeping them in detention after such kidnapping or abduction
  • Threatening to cause death or hurt, or creating reasonable apprehension of death or hurt, or causing hurt or death
  • The act is committed to compel the Government, a foreign State, an international inter-governmental organisation, or any other person
  • The compulsion is directed toward doing or abstaining from any act or paying a ransom

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Death, or imprisonment for life

💰 Liable to fine

Section 140(2) BNS punishes kidnapping or abduction for ransom or compulsion with death or imprisonment for life, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session. It is not compoundable.

Real-World Example

Outside a commercial market in Kanpur, Vikram was seized by armed assailants and driven to an undisclosed warehouse where he was held in chains. The captors recorded a video showing a firearm pressed against Vikram's head and sent it to his family, demanding twenty lakh rupees. The captors warned that Vikram would be executed if the funds were not delivered within forty-eight hours. By keeping Vikram in detention under threat of death to compel payment of a ransom, the captors committed the offence punishable under Section 140(2) BNS.

When This Does Not Apply

  • Confinement occurs without kidnapping or abduction and without demands for ransom or governmental compulsion
  • Kidnapping occurs without threats of death or hurt and without demands for ransom or coercive action under other provisions
  • A demand for money is made without detention, kidnapping, abduction, or threats against physical safety
  • Hurt is caused in an altercation without any purpose of compelling ransom or institutional conduct

Previous Law

IPC 364A → Section 140(2) BNS

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.

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

▶

Bare Act Text

(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.

Explained in Simple Words

Section 140(3) BNS punishes anyone who kidnaps or abducts a person with the intent to cause that person to be secretly and wrongfully confined. In simple terms, it applies when a victim is taken away through kidnapping or abduction so that they can be kept hidden and unlawfully restrained from leaving.

The key element under this sub-section is the intention to keep the wrongful confinement secret, cutting the victim off from family, friends, or legal protection. The offence is punishable with imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.

Key Ingredients

  • 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

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term extending up to seven years

💰 Liable to fine

Section 140(3) BNS punishes kidnapping or abducting any person with intent to cause them to be secretly and wrongfully confined with imprisonment of either description extending up to seven years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable by a Magistrate of the first class. It is not compoundable.

Real-World Example

Outside Raipur, Imran deceitfully told Swati that her sister had been injured in an accident and that he had been dispatched to convey her to a medical facility. Believing him, Swati boarded his vehicle. Instead of travelling to a hospital, Imran transported her to a locked room at a secluded rural farmhouse, where he confiscated her phone and kept her isolated. Imran acted with the intention of keeping Swati hidden from her relatives and friends without any lawful excuse. Imran committed the offence of abduction with intent secretly and wrongfully to confine her, punishable under Section 140(3) BNS.

When This Does Not Apply

  • A person is moved or detained openly without any intention to keep the confinement secret
  • Wrongful confinement occurs spontaneously without any prior act of kidnapping or abduction
  • An adult of sound mind accompanied the accused entirely voluntarily without deceit or force

Previous Law

IPC 365 → Section 140(3) BNS

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.

Section 140(4) BNS: Kidnapping or abducting in order to murder or for ransom etc

▶

Bare Act Text

(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explained in Simple Words

Section 140(4) of the Bharatiya Nyaya Sanhita (BNS) punishes kidnapping or abducting a person for the purpose of severe physical or personal exploitation. It applies to any person who kidnaps or abducts another person in order that the victim may be subjected to grievous hurt, slavery, or the unnatural lust of any person, or may be so disposed of as to be put in danger of being subjected to any of those harms.

The sub-section also applies even if that was not the offender's direct purpose, so long as the offender knew it to be likely that the victim would be so subjected or disposed of. The offence is complete once the kidnapping or abduction takes place with the required purpose or knowledge, even if the victim is rescued before the harm actually occurs.

A person convicted under Section 140(4) BNS shall be punished with imprisonment of either description, which may be simple or rigorous imprisonment, for a term which may extend to ten years, and shall also be liable to fine.

Key Ingredients

  • The accused kidnapped or abducted any person
  • The act was done in order that the person may be subjected to grievous hurt, slavery, or the unnatural lust of any person, or may be so disposed of as to be put in danger of being so subjected
  • Alternatively, the accused knew it to be likely that the person would be so subjected or disposed of

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment of either description for a term which may extend to ten years.

💰 Fine may be imposed in addition to imprisonment.

Kidnapping or abducting a person in order to subject them, or put them in danger of being subjected, to grievous hurt, slavery, or unnatural lust is punishable with imprisonment of either description for up to ten years, and the offender is also liable to fine.

Real-World Example

Two men forcibly take a young man from outside a market in Nashik and lock him in a rented room in order to hand him over to an illegal syndicate where he will be held in slavery and subjected to brutal beatings amounting to grievous hurt. The abduction of the victim and the purpose of subjecting him, or putting him in danger of being subjected, to grievous hurt and slavery bring the case within Section 140(4) BNS.

When This Does Not Apply

  • A kidnapping or abduction with no intention or knowledge that the person will be subjected or exposed to grievous hurt, slavery, or unnatural lust
  • A custody dispute between parents or relatives with no purpose or likelihood of subjecting the person to grievous hurt, slavery, or unnatural lust
  • Wrongful confinement without any kidnapping or abduction and without any purpose of subjecting the person to grievous hurt, slavery, or unnatural lust
  • An adult of sound mind accompanies another person voluntarily without any force, compulsion, or deceitful inducement

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·