Section 359 IPC: Kidnapping

Indian Penal Code, 1860

Section 359 IPC at a Glance

Section 359 IPC deals with kidnapping. From 1 July 2024 it is replaced by Section 137(1) BNS.

Punishment

None. Section 359 IPC is a classification provision that prescribes no term of imprisonment. Punishment for kidnapping is prescribed under Section 363 IPC, or under Section 363A to Section 366 IPC for aggravated forms.

BNS Equivalent

Section 137(1) →

Section 359 IPC Bare Act Text

359. Kidnapping

Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.

Source: Section 359, Indian Penal Code, 1860

Section 359 IPC in Simple Words

Section 359 of the Indian Penal Code (IPC) classifies kidnapping into two distinct statutory categories: kidnapping from India, and kidnapping from lawful guardianship. The section serves as a structural definition and does not prescribe a punishment of its own.

Kidnapping from India is defined in Section 360 IPC, while kidnapping from lawful guardianship is defined in Section 361 IPC. Punishments for kidnapping are prescribed in Section 363 IPC and aggravated forms such as Section 363A IPC and Section 364 to Section 366 IPC.

Ingredients of Section 359 IPC

  • Section 359 IPC is a classification provision dividing kidnapping into two categories
  • Kidnapping from India, defined under Section 360 IPC as conveying any person beyond the limits of India without consent
  • Kidnapping from lawful guardianship, defined under Section 361 IPC as taking or enticing a male under sixteen years of age, a female under eighteen years of age, or a person of unsound mind out of the keeping of the lawful guardian without the consent of the guardian

Punishment Under Section 359 IPC

Imprisonment

None. Section 359 IPC is a classification provision that prescribes no term of imprisonment. Punishment for kidnapping is prescribed under Section 363 IPC, or under Section 363A to Section 366 IPC for aggravated forms.

Fine

None under Section 359 IPC. Fines are prescribed under Section 363 IPC and subsequent penal provisions.

Section 359 IPC classifies kidnapping into two forms without prescribing a punishment of its own. Penalties for kidnapping are set out under Section 363 IPC and subsequent aggravated sections.

Example of Section 359 IPC

In 2018, police in Guwahati investigated two separate incidents. In the first, Harish drugged an adult merchant named Pranav and put him on a boat across the river border into Bangladesh without Pranav's consent. In the second, Harish's accomplice, Devika, lured fourteen-year-old Meera away from her grandfather's lawful custody in Jorhat without the grandfather's consent. Conveying Pranav beyond the limits of India without consent and taking Meera out of her lawful guardian's keeping are the two kinds of kidnapping, namely kidnapping from India and kidnapping from lawful guardianship, recognized under Section 359 IPC.

When Section 359 IPC Does Not Apply

  • A person travels outside India of their own free will or with the valid consent of someone legally authorised to consent on their behalf, so there is no kidnapping from India.
  • A minor or person of unsound mind leaves with the consent of their lawful guardian, or the person taken is an adult of sound mind, so there is no kidnapping from lawful guardianship.
  • An adult of sound mind is forced or deceived into moving from one place to another within India, which is abduction rather than either kind of kidnapping under Section 359 IPC.

Section 359 IPC in the BNS

Section 359 IPC is now covered under Section 137(1) BNS.

Section 359 IPC is consolidated into sub-section 1 of Section 137 BNS. The two-fold classification of kidnapping into kidnapping from India and kidnapping from lawful guardianship is preserved. In the BNS, Section 359 IPC, Section 360 IPC, Section 361 IPC, and Section 363 IPC are merged into a single comprehensive section titled Kidnapping under Section 137(1) BNS.

View detailed comparison (IPC 359 vs BNS 137(1)) →

FAQs on Section 359 IPC

What does Section 359 IPC define?▼

Section 359 IPC states that kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.

Does Section 359 IPC prescribe any punishment?▼

No; Section 359 IPC is purely a definitional classification and prescribes no sentence. Punishment for kidnapping is provided under Section 363 IPC.

Under Section 359 IPC, how is kidnapping from India defined under the IPC?▼

Under Section 360 IPC, conveying any person beyond the limits of India without consent constitutes kidnapping from India.

Under Section 359 IPC, how is kidnapping from lawful guardianship defined under the IPC?▼

Under Section 361 IPC, taking or enticing a male under sixteen years of age, a female under eighteen years of age, or a person of unsound mind out of the keeping of a lawful guardian without the consent of the guardian constitutes the offence.

Is Section 359 IPC bailable and cognizable?▼

Because Section 359 IPC is a classification provision creating no distinct offence, it has no separate entry in the First Schedule to the CrPC.

Under Section 359 IPC, which court conducts trials for kidnapping offences?▼

Under the First Schedule to the CrPC, general kidnapping under Section 363 IPC is triable by a Magistrate of the first class.

Can Section 359 IPC be compounded?▼

Section 359 IPC does not prescribe an offence and is not listed under Section 320 CrPC.

Which provision in the Bharatiya Nyaya Sanhita corresponds to Section 359 IPC?▼

In Section 137(1) BNS.

Have questions about Section 359 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·