BNS Section 140 – Kidnapping or abducting in order to murder or for ransom etc

IPC Section -364-365, 367

Cognizable offence
(1) If for murder, punishable with imprisonment life,
or rigorous imprisonment for ten years, and fine.
(2) If for ransom etc. punishable with death, or
imprisonment for life and fine.
(3) If for secretly or wrongfully confining, punishable
with seven years and fine.
4) If for grievous hurt, slavery etc. punishable with
imprisonment for ten years and fine.

Kidnapping or abducting in order to murder or for ransom etc

(1) 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.

(2) 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.

(3) 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.

(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Kidnapping or Abducting for Murder, Ransom, or Other Purposes

1. Kidnapping for Murder (Clause 1)

• Offence: Kidnapping or abducting someone with the intent or knowledge that the person may be murdered or put in danger of being murdered.
• Examples:
  1. Kidnapping someone for ritual sacrifice.
  2. Forcibly taking someone with the intent to murder.
• Punishment:
  • Imprisonment for life, or
  • Rigorous imprisonment for up to 10 years, and
  • Fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by the Court of Session.

2. Kidnapping for Ransom (Clause 2)

• Offence: Kidnapping someone and detaining them, threatening to harm or kill them to compel someone (e.g., government or individual) to act or pay a ransom.
• Punishment:
  • Death penalty, or
  • Imprisonment for life, and
  • Fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by the Court of Session.

3. Wrongful Confinement (Clause 3)

• Offence: Kidnapping with the intent to wrongfully and secretly confine someone.
• Punishment:
  • Imprisonment for up to 7 years, and
  • Fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

4. Grievous Hurt, Slavery, or Unnatural Lust (Clause 4)

• Offence: Kidnapping or abducting someone with the intent to:
  1. Cause grievous hurt,
  2. Subject them to slavery, or
  3. Subject them to unnatural lust.
• Punishment:
  • Imprisonment for up to 10 years, and
  • Fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by the Court of Session.

Summary of Offences and Punishments

5. Purpose of the Law

• The law aims to prevent and punish heinous acts of kidnapping for purposes such as murder, ransom, wrongful confinement, grievous hurt, slavery, or unnatural lust.
• It ensures strict penalties to deter such crimes and protect individuals from harm and exploitation.