IPC Section 364: Kidnapping or Abducting in Order to Murder - BNS Section 140(1)

Section 364 IPC - statutory provision

Heading: Kidnapping or abducting in order to murder.

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.

Under the former IPC, the offence therefore required more than kidnapping or abduction alone: the prosecution had to establish the requisite purpose of murder or of exposing the person to the danger of being murdered.

Section 140(1) BNS - present corresponding provision

Section 140(1) of the Bharatiya Nyaya Sanhita, 2023 addresses kidnapping or abduction so that the victim may be murdered or placed in danger of being murdered. It carries imprisonment for life, or rigorous imprisonment for up to ten years, and fine.

The essential nature of the offence and its punishment are substantially retained. The wider Section 140 also contains distinct offences concerning ransom, secret and wrongful confinement, and causing grievous hurt or slavery; the facts must be matched to the correct subsection.

Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF) and India Code portal for the enacted text and amendments.

Essential ingredients of kidnapping or abduction to murder

1. Kidnapping or abduction: The accused must have kidnapped or abducted a person as understood under the applicable law.
2. Purpose or intention: The act must have been committed in order that the person may be murdered or placed in danger of being murdered.
3. Connection to the act: The circumstances and evidence must establish the required connection between the taking or movement of the person and that purpose.

Actual commission of murder is not an essential prerequisite for this specific offence. Where murder or another offence is also committed, separate provisions may apply according to the facts.

Kidnapping and abduction distinguished

Under the BNS, Section 137 addresses kidnapping, including kidnapping from India and from lawful guardianship. Section 138 defines abduction through force or deceitful inducement. These definitions help determine whether the conduct falls within Section 140(1).

Illustrations from Section 364 IPC

These historical statutory illustrations explain the intended scope of the IPC provision. They should be read alongside the currently applicable BNS text for newer cases.

IPC Section 364 and BNS Section 140(1): comparison

Questions of cognizability, bail and trial forum should be assessed under the applicable procedural statute and its First Schedule, taking account of the alleged offence and date.

Related criminal-law provisions

BNS Section 137: Kidnapping, including kidnapping from India and from lawful guardianship.

BNS Section 138: Abduction, meaning compelling a person by force or inducing the person by deceitful means to go from any place.

BNS Section 140: Contains distinct aggravated kidnapping and abduction offences. Kidnapping for ransom is addressed separately from kidnapping for murder.

BNS Section 103: Punishment for murder, where the elements of that separate offence are established.

For historical background, consult the Indian Penal Code section index.

Frequently asked questions

What is the punishment under IPC Section 364?

Imprisonment for life, or rigorous imprisonment up to ten years, and liability to fine.

Which BNS provision corresponds to IPC Section 364?

Section 140(1) of the Bharatiya Nyaya Sanhita, 2023.

Must a murder actually take place?

No. The offence concerns kidnapping or abduction for the specified purpose, including exposing the victim to danger of murder. A completed murder may attract additional charges.

Is kidnapping for ransom the same offence?

No. Kidnapping for ransom is a distinct aggravated offence addressed under a different subsection of BNS Section 140.