Section 364 IPC: Kidnapping or abducting in order to murder

Indian Penal Code, 1860

Section 364 IPC at a Glance

Section 364 IPC deals with kidnapping or abducting in order to murder. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 140(1) BNS.

Punishment

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

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

Section 140(1) →

Section 364 IPC Bare Act Text

364. Kidnapping or abducting in order to murder

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.

Source: Section 364, Indian Penal Code, 1860

Section 364 IPC in Simple Words

Section 364 of the Indian Penal Code (IPC) punishes kidnapping or abducting any person in order that they may be murdered or disposed of so as to be put in danger of being murdered. The provision penalizes the preparatory and dangerous act of moving or enticing a victim with murderous intent, regardless of whether the murder itself is completed.

If the victim is actually killed, charges of murder under Section 302 IPC may also be framed alongside this section. Conviction under Section 364 IPC carries imprisonment for life, or rigorous imprisonment for a term extending up to ten years, and the offender is also liable to fine.

Ingredients of Section 364 IPC

  • Kidnapping any person from India or from lawful guardianship, or abducting any person by force or deceit
  • The act was committed in order that such person may be murdered
  • Or in order that such person may be so disposed of as to be put in danger of being murdered
  • Existence of the specific homicidal intention or knowledge at the time of the removal or inducement

Punishment Under Section 364 IPC

Imprisonment

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

Fine

Liable to fine

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

Section 364 IPC 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.

Example of Section 364 IPC

In 2015, in Jabalpur, Mahendra bore a bitter grudge against a witness named Subhash who was scheduled to testify against him in a land forgery trial. Mahendra and his brother, Jagdish, ambushed Subhash on a footpath near the river ghat, dragged him by force onto a motorboat, and took him to a ravine in Chambal where hired gunmen were waiting to shoot him dead. Police intercepted the boat before the killing could take place. Because Mahendra and Jagdish abducted Subhash by force in order that he might be murdered or put in danger of being murdered, they are punishable under Section 364 IPC.

When Section 364 IPC Does Not Apply

  • The accused kidnaps or abducts a person without any purpose of having the victim murdered or placed in danger of being murdered.
  • An adult of sound mind travels to the location voluntarily, without being compelled by force or induced by deceitful means.
  • The kidnapping or abduction is carried out solely to demand ransom under Section 364A IPC or to secretly and wrongfully confine the victim under Section 365 IPC, with no homicidal purpose.

Section 364 IPC in the BNS

Section 364 IPC is now covered under 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.

View detailed comparison (IPC 364 vs BNS 140(1)) →

FAQs on Section 364 IPC

What offence does Section 364 IPC punish?▼

Section 364 IPC punishes kidnapping or abducting any person with the intention that they may be murdered or placed in danger of being murdered.

What punishment does Section 364 IPC prescribe?▼

The section prescribes imprisonment for life, or rigorous imprisonment for a term extending up to ten years, and also liability to fine.

Does Section 364 IPC require that the victim actually be killed?▼

No; the offence is complete upon kidnapping or abducting with homicidal intent, even if the planned murder is not ultimately carried out.

Is Section 364 IPC bailable?▼

No; Section 364 IPC is non-bailable under the First Schedule to the CrPC. Release on bail requires a formal application before the court.

Is Section 364 IPC cognizable?▼

Yes; Section 364 IPC is cognizable, permitting police officers to register a first information report and arrest without a warrant.

Which court conducts the trial for an offence under Section 364 IPC?▼

Under the First Schedule to the CrPC, offences under Section 364 IPC are triable exclusively by the Court of Session.

Can an offence under Section 364 IPC be compounded?▼

No; Section 364 IPC is not compoundable under Section 320 CrPC.

Which section in the Bharatiya Nyaya Sanhita corresponds to Section 364 IPC?▼

It corresponds to Section 140(1) 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: 17 Oct 2026 ·