Section 360 IPC: Kidnapping from India

Indian Penal Code, 1860

Section 360 IPC at a Glance

Section 360 IPC deals with kidnapping from India. From 1 July 2024 it is replaced by Section 137(1)(a) BNS.

Punishment

None. Section 360 IPC is a definition and does not prescribe a sentence of imprisonment. Punishment for kidnapping is prescribed under Section 363 IPC, or under Section 364 to Section 366 IPC for aggravated forms.

BNS Equivalent

Section 137(1)(a) →

Section 360 IPC Bare Act Text

360. Kidnapping from India

Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.

Source: Section 360, Indian Penal Code, 1860

Section 360 IPC in Simple Words

Section 360 of the Indian Penal Code (IPC) defines kidnapping from India. A person commits this act when conveying any person beyond the territorial limits of India without the consent of that person, or without the consent of someone legally authorised to consent on that person's behalf.

Section 360 IPC is purely a definitional provision and prescribes no penalty of its own. The substantive offence and punishment for kidnapping from India are set out in Section 363 IPC, which prescribes imprisonment of either description for a term extending up to seven years, and liability to fine.

Ingredients of Section 360 IPC

  • Conveying any person beyond the territorial limits of India
  • Doing so without the consent of that person
  • Or doing so without the consent of someone legally authorised to consent on behalf of that person

Punishment Under Section 360 IPC

Imprisonment

None. Section 360 IPC is a definition and does not prescribe a sentence of imprisonment. Punishment for kidnapping is prescribed under Section 363 IPC, or under Section 364 to Section 366 IPC for aggravated forms.

Fine

None under Section 360 IPC. Fines are prescribed under Section 363 IPC and following penal provisions.

Section 360 IPC defines kidnapping from India without prescribing an independent punishment. Penalties for kidnapping from India are prescribed under Section 363 IPC.

Example of Section 360 IPC

In 2021, at a fishing harbour in Rameswaram, Selvam offered a boatman named Murugan a day's wages to help load nets onto a trawler. Once Murugan was aboard and asleep in the cabin, Selvam locked the cabin door and sailed the trawler across the maritime boundary into Sri Lanka. Murugan had not consented to leave India, and no person was legally authorised to consent on his behalf. Because Selvam conveyed Murugan beyond the limits of India without such consent, Selvam kidnapped Murugan from India within the meaning of Section 360 IPC.

When Section 360 IPC Does Not Apply

  • The person is taken from one town or state to another inside India without ever crossing beyond the territorial limits of India.
  • An adult of sound mind voluntarily agrees to be taken outside the limits of India.
  • A parent or guardian who is legally authorised to give consent on the person's behalf consents to the person being conveyed outside India.
  • A minor or person of unsound mind is taken out of a lawful guardian's keeping while remaining within India, which falls under Section 361 IPC rather than Section 360 IPC.

Section 360 IPC in the BNS

Section 360 IPC is now covered under Section 137(1)(a) BNS.

Section 360 IPC is codified as clause a of sub-section 1 of Section 137 BNS. The definition of kidnapping from India, consisting of conveying any person beyond the limits of India without valid consent, is retained without substantive change. In the BNS, Section 359 IPC, Section 360 IPC, Section 361 IPC, and Section 363 IPC are consolidated into Section 137(1)(a) BNS under the heading Kidnapping.

View detailed comparison (IPC 360 vs BNS 137(1)(a)) →

FAQs on Section 360 IPC

What does Section 360 IPC define?▼

Section 360 IPC defines kidnapping from India as conveying any person beyond the limits of India without the consent of that person or of someone legally authorised to consent on their behalf.

Does Section 360 IPC prescribe any punishment?▼

No; Section 360 IPC is a definition and prescribes no penalty. Punishment for kidnapping is provided under Section 363 IPC.

What are the essential ingredients of Section 360 IPC?▼

The ingredients are conveying a person beyond the territorial boundaries of India, and doing so without the valid consent of that person or an authorised representative.

Does Section 360 IPC require an intention to cause harm?▼

No; Section 360 IPC requires only the act of conveying beyond India without consent, without any requirement of a further ulterior purpose.

Is Section 360 IPC bailable and cognizable?▼

Because Section 360 IPC is purely a definition, it has no separate entry in the First Schedule to the CrPC. Bail and cognizance depend on the penal section charged, such as Section 363 IPC.

Under Section 360 IPC, which court conducts trials for kidnapping from India?▼

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

Can an offence under Section 360 IPC be compounded?▼

Section 360 IPC is a definition and is not listed in Section 320 CrPC.

Which provision in the Bharatiya Nyaya Sanhita corresponds to Section 360 IPC?▼

In Section 137(1)(a) BNS.

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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 ·