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Indian criminal law | IPC and BNS

IPC Section 367: Kidnapping or Abduction for Grievous Hurt or Slavery

Section 367 of the Indian Penal Code, 1860 punished kidnapping or abduction carried out with the intention or knowledge that the victim may be subjected to grievous hurt, slavery or the other exploitation described in the provision. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 140(4).

Legal update effective 1 July 2024: The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code for offences committed after its commencement. Section 367 IPC remains relevant to earlier offences, subject to applicable repeal, saving and transitional provisions. For corresponding conduct under the new law, refer to BNS Section 140(4).
Former provisionIPC Section 367
Current corresponding provisionBNS Section 140(4)
Maximum imprisonment10 years
Additional punishmentLiable to fine

Text of Section 367 of the Indian Penal Code

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.

The above reproduces the historical statutory wording of IPC Section 367. The expression “unnatural lust” is retained here because it appears in the legislative text; it should be interpreted in accordance with applicable constitutional and judicial developments.

Corresponding law: BNS Section 140(4)

Section 140(4) of the Bharatiya Nyaya Sanhita, 2023 substantially carries forward the offence under IPC Section 367. It addresses kidnapping or abduction with the specified intention, or with knowledge of the likelihood that the person will be subjected to grievous hurt, slavery or the exploitation described in the section.

The prescribed punishment is imprisonment of either description for a term extending up to ten years, together with liability to fine. The statutory provision may be checked on the official NCRB BNS text; the official IPC-to-BNS correspondence table identifies IPC Section 367 with BNS Section 140(4).

Essential ingredients of the offence

  • Kidnapping or abduction: The prosecution must establish conduct amounting to kidnapping or abduction under the applicable law.
  • Specified purpose or knowledge: The accused intended that the victim be subjected to the prohibited harm, or knew it was likely that the victim would be so subjected or disposed of.
  • Nature of the threatened harm: The provision covers danger of grievous hurt, slavery or the other exploitation expressly described by the statute.
  • Proof: The required intention or knowledge must be established from admissible evidence and the circumstances of the case.

Meaning of important legal expressions

Kidnapping

Under BNS Section 137, kidnapping includes kidnapping from India and kidnapping from lawful guardianship. The relevant legal requirements depend on which form is alleged.

Abduction

Under BNS Section 138, abduction involves compelling a person by force, or inducing a person by deceitful means, to go from any place. Abduction must be considered together with the additional elements of the charged offence.

Grievous hurt

BNS Section 116 defines categories of grievous hurt, including specified serious injuries and injuries meeting the statutory criteria. Mere minor hurt does not automatically constitute grievous hurt.

Slavery and exploitation

The reference to slavery concerns the victim being exposed to treatment amounting to slavery. Depending on the facts, separate provisions concerning trafficking or exploitation may also require examination.

Punishment and procedure

Both IPC Section 367 and BNS Section 140(4) prescribe imprisonment of either description for up to ten years and liability to a fine. Under the classification in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under BNS Section 140(4) is cognizable, non-bailable and triable by a Court of Session.

Cognizable means that police may investigate a cognizable offence in accordance with law without first obtaining a Magistrate's order. Non-bailable means that release on bail is subject to judicial discretion and the applicable statutory rules; it does not mean bail is prohibited.

Illustrative situations

If a person abducts another intending to hand the victim over to persons who will enslave or inflict grievous hurt, the specified intention may bring the conduct within this provision. Likewise, knowingly transferring an abducted person into circumstances where such treatment is likely may attract the provision. Each case depends on proof of the statutory elements.

Depending on the facts, related offences may concern kidnapping for murder or ransom under BNS Section 140(1) or 140(2), wrongful confinement under Section 140(3), concealing an abducted person under Section 142, or trafficking under Section 143. These provisions have distinct ingredients and should not be treated as interchangeable.

Official legal references

This article is general legal information. Applicability of the IPC or BNS depends on the date and facts of the alleged offence and the relevant saving provisions.