Section 364A IPC: Kidnapping for ransom, etc

Indian Penal Code, 1860

Section 364A IPC at a Glance

Section 364A IPC deals with kidnapping for ransom, etc. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 140(2) BNS.

Punishment

Death, or imprisonment for life

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

Section 140(2) →

Section 364A IPC Bare Act Text

364A. Kidnapping for ransom, etc

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.

Source: Section 364A, Indian Penal Code, 1860

Section 364A IPC in Simple Words

Section 364A of the Indian Penal Code (IPC) punishes kidnapping or abducting any person, or keeping a person in detention after kidnapping or abduction, to demand ransom or compel official or private action.

To establish liability, the offender must threaten death or hurt, or create a reasonable apprehension of death or hurt, or actually cause hurt or death, to compel the Government, a foreign State, an international organization, or any person to act, refrain from acting, or pay a ransom.

Conviction under Section 364A IPC carries capital punishment of death or imprisonment for life, and the offender is also liable to fine.

Ingredients of Section 364A IPC

  • 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 organization, or any person
  • The compulsion is directed toward doing or abstaining from any act or paying a ransom

Punishment Under Section 364A IPC

Imprisonment

Death, or imprisonment for life

Fine

Liable to fine

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

Section 364A IPC 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.

Example of Section 364A IPC

In March 2019, Harish forcefully dragged a jeweller named Ketan into a van outside his shop in Madurai and locked him inside a basement room. The next morning, Harish telephoned Ketan's brother and threatened to stab Ketan to death unless he paid fifty lakh rupees as ransom by evening. Harish also beat Ketan with a stick during the call to compel the payment. Because Harish abducted Ketan, kept him in detention, and caused hurt while threatening death to compel payment of a ransom, Harish is punishable under Section 364A IPC.

When Section 364A IPC Does Not Apply

  • A person is wrongfully locked inside a room without having been kidnapped or abducted and without any demand for ransom or compulsion.
  • An offender kidnaps a minor from lawful guardianship but makes no threat of death or hurt and demands no ransom or action from anyone.
  • A person demands money through a threatening letter without kidnapping, abducting, or detaining any victim.
  • An assailant inflicts physical injuries on a rival during a personal dispute without any purpose of compelling the Government or any person to pay ransom or perform an act.

Section 364A IPC in the BNS

Section 364A IPC is now covered under 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.

View detailed comparison (IPC 364A vs BNS 140(2)) →

FAQs on Section 364A IPC

What offence does Section 364A IPC punish?▼

Section 364A IPC punishes kidnapping, abduction, or detention after kidnapping or abduction, accompanied by threats of death or hurt to extort ransom or compel action.

What punishment does Section 364A IPC prescribe?▼

The section prescribes death, or imprisonment for life, and the offender is also liable to fine.

Does Section 364A IPC apply only to demands for ransom?▼

No; the section also applies when detention and threats are used to compel the Government, a foreign State, an international organization, or any person to do or abstain from any act.

Is Section 364A IPC bailable?▼

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

Is an offence under Section 364A IPC cognizable?▼

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

Which court is competent to try an offence under Section 364A IPC?▼

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

Can an offence under Section 364A IPC be compounded?▼

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

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

It corresponds to Section 140(2) BNS.

Have questions about Section 364A 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 ·