IPC Section 365: Kidnapping or Abduction for Secret Wrongful Confinement
Section 365 of the Indian Penal Code, 1860 punished kidnapping or abduction carried out with the intention of secretly and wrongfully confining a person. The corresponding provision for offences under the Bharatiya Nyaya Sanhita, 2023 is Section 140(3).
IPC Section 365: statutory provision
Heading: Kidnapping or abducting with intent secretly and wrongfully to confine person.
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.
This is the provision contained in the original page and is retained for historical and pending-case reference.
BNS Section 140(3): corresponding current law
Section 140(3) of the Bharatiya Nyaya Sanhita addresses kidnapping or abduction with intent to cause a person to be secretly and wrongfully confined. The prescribed punishment is imprisonment of either description for a term extending to seven years and fine.
The provision targets the purpose of the kidnapping or abduction. Proof of an intention to cause secret and wrongful confinement is essential; the prosecution need not establish a separate completed offence of murder or ransom demand.
Essential ingredients of the offence
- Kidnapping or abduction: The accused must have kidnapped or abducted a person within the applicable statutory definitions.
- Specific intention: The act must have been committed with intent to cause that person to be confined.
- Secret and wrongful confinement: The intended confinement must be both secret and without lawful justification. The circumstances and evidence determine whether the required intention is established.
Meaning of important legal terms
Kidnapping
BNS Section 137 distinguishes kidnapping from India and kidnapping from lawful guardianship. The particular ingredients depend on which form is alleged. The former IPC provisions are Sections 360 and 361.
Abduction
BNS Section 138 describes abduction in terms of compelling a person by force, or inducing a person by deceitful means, to go from any place. The former IPC definition was Section 362.
Wrongful confinement
Wrongful confinement means restraining a person so as to prevent that person from proceeding beyond certain circumscribing limits. Under the BNS, the definition is in Section 127(1). Secret confinement involves concealment of the confinement or its location in the circumstances of the case.
Punishment and comparison
| Point | IPC Section 365 | BNS Section 140(3) |
|---|---|---|
| Conduct | Kidnapping or abduction with intent secretly and wrongfully to confine | Corresponding offence |
| Maximum imprisonment | 7 years | 7 years |
| Nature of imprisonment | Either description | Either description |
| Fine | Also liable to fine | Also liable to fine |
| Relevant period | Earlier offences, subject to savings law | Offences on or after 1 July 2024 |
FIR, bail and trial
Kidnapping or abduction with intent to secretly and wrongfully confine is treated as a serious offence. The classification and procedure for a BNS offence must be checked against the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). A complaint may be made to the police; the court determines bail on the applicable statutory provisions and facts. A person accused of an offence retains the presumption of innocence unless guilt is established according to law.
Illustrative situations
Example 1: A person is forcibly taken to an undisclosed location so that relatives cannot locate them. If the required kidnapping or abduction and intention are proved, Section 140(3) may apply.
Example 2: A person is deceived into travelling to a location with the intention of secretly and unlawfully restricting their movement. The prosecution must prove each statutory ingredient; mere travel or an ordinary disagreement is not enough.
Distinction from related offences
Kidnapping or abduction for murder is separately addressed by BNS Section 140(1); kidnapping for ransom by Section 140(2). The facts may engage other provisions, but their distinct elements should not be conflated with the offence of intended secret wrongful confinement.
Frequently asked questions
What is the punishment under IPC Section 365?
Imprisonment of either description for up to seven years and liability to fine.
Which BNS section replaces IPC Section 365?
The corresponding provision is BNS Section 140(3).
Does the prosecution have to prove that confinement was intended?
Yes. The intention to cause secret and wrongful confinement is an essential element of this specific offence.
Is every kidnapping an offence under Section 140(3)?
No. This provision requires the additional intention to cause secret and wrongful confinement. Other kidnapping provisions may apply depending on the facts.
Official legislation and further reading
- India Code - official central legislation repository (search Bharatiya Nyaya Sanhita, 2023, Section 140)
- Ministry of Home Affairs - new criminal laws and commencement notifications
- India Code - Indian Penal Code, 1860, Section 365 and Bharatiya Nagarik Suraksha Sanhita, 2023
Legal information is provided for general reference. Applicability depends on the date of the alleged offence, the evidence and current legislation.