Section 365 IPC: Kidnapping or abducting with intent secretly and wrongfully to confine person

Indian Penal Code, 1860

Section 365 IPC at a Glance

Section 365 IPC deals with kidnapping or abducting with intent secretly and wrongfully to confine person. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 140(3) BNS.

Punishment

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

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

Section 140(3) →

Section 365 IPC Bare Act Text

365. Kidnapping or abducting with intent secretly and wrongfully to confine person

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, 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 365, Indian Penal Code, 1860

Section 365 IPC in Simple Words

Section 365 of the Indian Penal Code (IPC) punishes kidnapping or abducting any person with the specific intention of secretly and wrongfully confining them. The confinement intended must be both wrongful and secret.

An offence under this section requires proof of both the initial kidnapping or abduction and the accompanying intention to conceal and confine the victim. Conviction under Section 365 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 365 IPC

  • Kidnapping any person from India or from lawful guardianship, or abducting any person by force or deceit
  • Intent to cause that person to be wrongfully confined
  • Intent that such wrongful confinement shall be secret, concealing the victim from discovery

Punishment Under Section 365 IPC

Imprisonment

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

Fine

Liable to fine

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

Section 365 IPC punishes kidnapping or abducting any person with intent to cause them to be secretly and wrongfully confined with imprisonment of either description extending up to seven years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable by a Magistrate of the first class. It is not compoundable.

Example of Section 365 IPC

In October 2021, Deepak used force to push an accountant named Raghav into a cargo tempo in Shimla after Raghav threatened to expose Deepak's financial fraud. Deepak drove Raghav to an abandoned timber shed deep inside a forest and bolted the heavy wooden doors from the outside. Deepak intended to keep Raghav locked inside the shed where neither the police nor Raghav's colleagues could ever trace his whereabouts. Because Deepak abducted Raghav with the intention of causing him to be secretly and wrongfully confined, Deepak is punishable under Section 365 IPC.

When Section 365 IPC Does Not Apply

  • The accused detains a victim in full view of the public without intending to conceal the victim's location from others.
  • A person locks someone inside a building on the spot without first kidnapping or abducting that person from another place or from lawful guardianship.
  • A major person travels with the accused of their own free will without being compelled by force or induced by deceitful means.
  • A person kidnaps a child from a guardian intending to raise the child openly at home rather than subject the child to secret and wrongful confinement.

Section 365 IPC in the BNS

Section 365 IPC is now covered under Section 140(3) BNS.

Section 365 IPC corresponds to Section 140(3) BNS. The statutory elements, covering kidnapping or abducting with intent to secretly and wrongfully confine any person, are preserved without alteration. The punishment of imprisonment of either description for up to seven years and liability to fine continues unchanged.

View detailed comparison (IPC 365 vs BNS 140(3)) →

FAQs on Section 365 IPC

What offence does Section 365 IPC punish?▼

Section 365 IPC punishes kidnapping or abducting any person with the intent to cause that person to be secretly and wrongfully confined.

What punishment does Section 365 IPC prescribe?▼

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

Why is the element of secrecy critical under Section 365 IPC?▼

Secrecy distinguishes this aggravated offence from simple confinement, as the accused intends to conceal the victim from guardians, friends, and lawful authorities.

Is Section 365 IPC bailable?▼

No; Section 365 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 365 IPC cognizable?▼

Yes; Section 365 IPC is cognizable, enabling police officers to register a first information report and arrest without a warrant.

Which court conducts trials for Section 365 IPC?▼

Under the First Schedule to the CrPC, offences under Section 365 IPC are triable by a Magistrate of the first class.

Can an offence under Section 365 IPC be compounded?▼

No; Section 365 IPC is not compoundable under Section 320 CrPC.

Which section of the Bharatiya Nyaya Sanhita corresponds to Section 365 IPC?▼

It corresponds to Section 140(3) 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 ·