IPC 363 → BNS 137: Kidnapping

IPC 363 (now BNS 137): Punishment for Kidnapping

IPC Section 363 prescribes the punishment for kidnapping — whether kidnapping from India or from lawful guardianship. From 1 July 2024 it continues as part of Section 137 of the Bharatiya Nyaya Sanhita (BNS) 2023, which consolidates the kidnapping offences.

Punishment under BNS 137 (same as IPC 363)

Imprisonment up to 7 years, and fine. The base punishment for kidnapping is unchanged from old IPC 363.

What changed from IPC to BNS?

The numbering moves from IPC 363 to BNS 137, and the new code strengthens the framework with express child-trafficking provisions. The definition of kidnapping from lawful guardianship — the conceptual base of the offence — is at IPC 361 (BNS 137(1)(b)). New FIRs cite BNS 137.

Worked example

A entices a 15-year-old girl away from her parents' custody without their consent. Because she is a minor taken out of lawful guardianship, the offence is kidnapping under BNS 137 — the victim's own willingness is irrelevant where she is below the statutory age.

Practical notes

• For advocates: identify the aggravated variant early — kidnapping to murder (IPC 364 to BNS 140(1)) and kidnapping a woman to compel marriage (IPC 366 to BNS 87) carry far heavier sentences than plain BNS 137.
• Kidnapping is a cognizable, non-bailable offence; obtain criminal counsel immediately.