Indian criminal law | Updated October 2026
IPC Section 364A: Kidnapping for Ransom - Current Law under BNS Section 140(2)
Kidnapping or abducting a person to demand ransom or compel another person or authority to act, coupled with a threat of death or hurt or the other statutory conditions, is a serious offence. The former provision was Section 364A of the Indian Penal Code, 1860. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 140(2).
What is kidnapping for ransom?
The offence concerns kidnapping, abduction or continued detention after kidnapping or abduction, together with specified threats, conduct creating a reasonable apprehension of death or hurt, or actual hurt or death, for the purpose of compelling a government, foreign State, international inter-governmental organisation or another person to do or refrain from doing an act or pay ransom.
Section 364A IPC - Statutory text
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.
This is the text of the former IPC provision reproduced for historical reference and interpretation.
Section 140(2) BNS - Current corresponding provision
Section 140(2) of the BNS addresses kidnapping or abduction for ransom or coercion in substantially corresponding terms. It covers kidnapping, abduction or continued detention following kidnapping or abduction, when the further statutory conditions relating to threat, apprehension, hurt or death and coercive purpose are satisfied.
The punishment prescribed under Section 140(2) BNS is death or imprisonment for life, and liability to fine. The actual sentence is determined by the court according to the law, evidence and sentencing principles; the death penalty is not automatic.
Essential ingredients of the offence
- Kidnapping, abduction or continued detention: The accused kidnapped or abducted a person, or kept the person detained after kidnapping or abduction.
- Threat, apprehension or harm: The accused threatened death or hurt, behaved in a manner giving rise to a reasonable apprehension of death or hurt, or caused hurt or death.
- Coercive objective: The conduct was intended to compel the specified government, organisation or another person to perform or refrain from an act, or to pay ransom.
- Proof beyond reasonable doubt: The prosecution must establish the statutory elements through admissible evidence.
A ransom demand is important evidence where alleged, but a mere allegation of kidnapping does not by itself prove the aggravated ransom offence. The required additional elements must be established.
IPC 364A and BNS 140(2) at a glance
| Issue | IPC Section 364A | BNS Section 140(2) |
|---|---|---|
| Legal framework | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Subject | Kidnapping for ransom, etc. | Kidnapping or abducting for ransom or coercion |
| Punishment | Death or life imprisonment and fine | Death or life imprisonment and fine |
| General application | Earlier conduct, subject to savings and applicable law | Offences from 1 July 2024 onward |
How is this different from ordinary kidnapping?
Section 137 BNS addresses kidnapping, including kidnapping from India and from lawful guardianship. Section 138 BNS defines abduction through force or deceitful means. Section 140(2) BNS adds the aggravated elements of threat, reasonable apprehension or actual harm and the purpose of ransom or other specified coercion. Section 140(1) BNS separately concerns kidnapping or abduction in order that a person may be murdered or put in danger of murder.
Investigation, bail and trial
Kidnapping for ransom is treated as a grave offence. The procedural classification, investigation, arrest, remand, bail and trial are governed by the applicable criminal procedure law, including the Bharatiya Nagarik Suraksha Sanhita, 2023 for matters to which it applies. Bail is not automatic; the court considers the statutory framework and the facts of the case. A complaint of an ongoing kidnapping or immediate danger should be reported promptly to the police or emergency services.
Illustrative examples
Example 1: A person abducts a business owner, threatens to kill the victim and demands payment from the family as a condition of release. If proved, these facts may attract Section 140(2) BNS.
Example 2: A person unlawfully takes someone away but no ransom or other statutory coercive purpose is established. Other kidnapping or abduction-related provisions may apply, but Section 140(2) cannot be presumed solely from the taking.
Official legislation and related reading
- Bharatiya Nyaya Sanhita, 2023 - official India Code text (PDF)
- India Code - official central legislation database
- Ministry of Home Affairs - official website
Frequently asked questions
What is the new BNS section for IPC 364A?
The corresponding provision is Section 140(2) of the Bharatiya Nyaya Sanhita, 2023.
What is the punishment for kidnapping for ransom?
Death or imprisonment for life, together with liability to fine, is prescribed under the relevant provision. Sentencing depends on the court's determination and applicable legal principles.
Does every kidnapping amount to kidnapping for ransom?
No. The prosecution must prove the additional statutory requirements, including the specified threat, apprehension or harm and coercive purpose.
This article provides general legal information, not advice for a particular case. Check the official statute and relevant judicial decisions for the applicable date and facts.