Section 369 IPC: Kidnapping or abducting child under ten years with intent to steal from its person

Indian Penal Code, 1860

Section 369 IPC at a Glance

Section 369 IPC deals with kidnapping or abducting child under ten years with intent to steal from its person. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 97 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 97 →

Section 369 IPC Bare Act Text

369. Kidnapping or abducting child under ten years with intent to steal from its person

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, 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 369, Indian Penal Code, 1860

Section 369 IPC in Simple Words

Section 369 of the Indian Penal Code (IPC) punishes kidnapping or abducting any child under ten years of age with the intention of dishonestly taking any movable property from the person of such child.

The offence carries imprisonment of either description for a term 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.

Ingredients of Section 369 IPC

  • The accused kidnapped or abducted a child
  • The child was under the age of ten years
  • The act was committed with the intention of taking dishonestly any movable property from the person of such child

Punishment Under Section 369 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 369 IPC punishes kidnapping or abducting any child under ten years of age with intent to steal from the person with imprisonment extending up to seven years, and the offender is also liable to fine. Cases are cognizable and non-bailable, triable by a Magistrate of the first class. The offence cannot be compounded under Section 320 CrPC.

Example of Section 369 IPC

In April 2022, Kamlesh noticed six-year-old Ananya wearing a gold chain around her neck while playing outside her grandfather's house in Mysuru. Without her grandfather's consent, Kamlesh coaxed Ananya into following him to a quiet lane by promising to show her a puppy. Kamlesh took her away with the intention of dishonestly removing the gold chain from her neck and keeping it for himself. Because Kamlesh kidnapped a child under the age of ten years with the intention of dishonestly taking movable property from her person, Kamlesh is punishable under Section 369 IPC.

When Section 369 IPC Does Not Apply

  • The child who was kidnapped or abducted had already reached the age of ten years or more when the incident took place.
  • A thief snatches an ornament directly from a child without taking, enticing, or abducting the child from lawful guardianship or any place.
  • A person takes a young child away from a guardian out of affection or a custody dispute, with no dishonest intention to steal any movable property from the child.
  • An offender kidnaps a child under ten years of age to commit burglary at the parents' house rather than to take movable property worn or carried on the child's person.

Section 369 IPC in the BNS

Section 369 IPC is now covered under Section 97 BNS.

Section 369 IPC is now Section 97 BNS. The statutory text and punishment remain identical in substance, while the section heading in the new code adds the words of age.

View detailed comparison (IPC 369 vs BNS 97) →

FAQs on Section 369 IPC

What does Section 369 IPC punish?▼

Section 369 IPC punishes kidnapping or abducting any child under ten years of age with the intention of dishonestly taking any movable property from the person of such child.

What punishment is provided under Section 369 IPC?▼

The section prescribes imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.

What is the age threshold under Section 369 IPC?▼

Section 369 IPC applies only where the child who is kidnapped or abducted is under ten years of age.

Must the property be taken from the child person under Section 369 IPC?▼

Yes; the section requires that the intention be to take dishonestly movable property from the person of the child, rather than from other separate premises.

Is Section 369 IPC bailable?▼

No; Section 369 IPC is classified as non-bailable under the First Schedule to the CrPC.

Is an offence under Section 369 IPC cognizable?▼

Yes; Section 369 IPC is cognizable, authorising police officers to arrest without a warrant.

Which court conducts trials for Section 369 IPC?▼

Under the First Schedule to the CrPC, offences under Section 369 IPC are triable by a Magistrate of the first class.

Can an offence under Section 369 IPC be compounded?▼

No; Section 369 IPC is not compoundable under Section 320 CrPC.

Which section of the Bharatiya Nyaya Sanhita corresponds to Section 369 IPC?▼

Section 369 IPC corresponds to Section 97 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 ·