Section 363 IPC: Punishment for kidnapping

Indian Penal Code, 1860

Section 363 IPC at a Glance

Section 363 IPC deals with punishment for kidnapping. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 137(2) BNS.

Punishment

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

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

Section 137(2) →

Section 363 IPC Bare Act Text

363. Punishment for kidnapping

Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 363, Indian Penal Code, 1860

Section 363 IPC in Simple Words

Section 363 of the Indian Penal Code (IPC) prescribes the punishment for kidnapping. A person who kidnaps any individual from India or from lawful guardianship is punishable under this provision.

Kidnapping from India involves conveying any person beyond the territorial limits of India without their consent or the consent of an authorized person. Kidnapping from lawful guardianship involves 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 their lawful guardian without the guardian's consent.

Conviction under Section 363 IPC carries imprisonment of either description for a term extending up to seven years, and the offender is also liable to fine.

Ingredients of Section 363 IPC

  • Kidnapping any person from India without valid consent
  • Or 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 their lawful guardian
  • Absence of consent from the lawful guardian in cases of guardianship removal
  • Actual removal or conveying of the person from their lawful custody or beyond India

Punishment Under Section 363 IPC

Imprisonment

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

Fine

Liable to fine

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

Section 363 IPC punishes kidnapping from India or from lawful guardianship with imprisonment of either description for a term extending up to seven years, and the offender is also liable to fine. The offence is cognizable, bailable, and triable by a Magistrate of the first class. It is not compoundable.

Example of Section 363 IPC

In 2016, in Madurai, sixteen-year-old Kavitha lived in the keeping of her widowed mother, Lakshmi. A neighbour named Sridhar persuaded Kavitha to leave her mother's house at night by promising to take her to Bengaluru to act in television serials. Lakshmi had not consented to Kavitha leaving her custody. Sridhar took Kavitha on an overnight train to Bengaluru, removing the minor female under eighteen years of age out of the keeping of her lawful guardian without the guardian's consent. Because Sridhar kidnapped Kavitha from lawful guardianship, Sridhar is punishable under Section 363 IPC.

When Section 363 IPC Does Not Apply

  • An adult of sound mind leaves India with their own consent, or moves within India without being kidnapped from India or from lawful guardianship.
  • A male minor under sixteen, a female minor under eighteen, or a person of unsound mind is taken with the valid consent of their lawful guardian.
  • The person taking a child acts in good faith believing himself to be the father of an illegitimate child or entitled to lawful custody, and not for any immoral or unlawful purpose.
  • The minor or person of unsound mind is never actually taken or enticed out of the keeping of the lawful guardian.

Section 363 IPC in the BNS

Section 363 IPC is now covered under Section 137(2) BNS.

Section 363 IPC corresponds to Section 137(2) BNS. The statutory punishment of imprisonment of either description for up to seven years and liability to fine is preserved. Under the corresponding definition in Section 137(1)(b) BNS, the term child covers all persons under eighteen years of age, expanding protection for male children aged sixteen and seventeen beyond the previous thresholds under Section 361 IPC.

View detailed comparison (IPC 363 vs BNS 137(2)) →

FAQs on Section 363 IPC

What offence does Section 363 IPC punish?▼

Section 363 IPC punishes kidnapping from India and kidnapping from lawful guardianship as defined under Section 359 IPC, Section 360 IPC, and Section 361 IPC.

What punishment is prescribed under Section 363 IPC?▼

The section prescribes imprisonment of either description for a term extending up to seven years, along with liability to fine.

Is Section 363 IPC bailable?▼

Yes; the First Schedule to the CrPC classifies an offence under Section 363 IPC as bailable. The accused is entitled to bail as a matter of right.

Is an offence under Section 363 IPC cognizable?▼

Yes; Section 363 IPC is cognizable, permitting police officers to register a first information report and commence investigation without prior magisterial sanction.

Which court is competent to try an offence under Section 363 IPC?▼

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

Can an offence under Section 363 IPC be compounded?▼

No; Section 363 IPC is not compoundable under Section 320 CrPC.

Does Section 363 IPC require physical force?▼

No; physical force is not necessary. Kidnapping from lawful guardianship can be established through taking or enticing without parental consent.

Which section of the Bharatiya Nyaya Sanhita corresponds to Section 363 IPC?▼

It corresponds to Section 137(2) 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 ·