Bharatiya Nyaya Sanhita, 2023
Section 140
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.
Why this exists
This provision descends from Section 364 and 364A of the old Indian Penal Code, which were strengthened over time — especially after the rise of ransom kidnappings and terrorism-linked abductions in India from the 1990s onward. The law recognizes that kidnapping is often not the final crime but a step toward something worse: murder, ransom extortion, forced confinement, slavery, or sexual abuse. By punishing the kidnapping itself when done with these dangerous intentions, the law aims to intervene before the ultimate harm occurs and to deter organized crime, terrorism, and human trafficking networks that use kidnapping as a tool.
How courts read it
Under the predecessor provisions (Sections 364 and 364A IPC), courts held that the prosecution must prove the specific intent or knowledge behind the kidnapping — for example, that the accused intended the victim to be murdered or held for ransom — not just that a kidnapping occurred. The Supreme Court clarified in ransom cases that a demand for ransom communicated to anyone (not just the government) suffices, and that threats or reasonable apprehension of harm during captivity, even without actual physical injury, can attract the harsher punishment. These interpretations are expected to guide courts applying the corresponding provisions in the new Bharatiya Nyaya Sanhita.
Common misconceptions
- Myth: The kidnapper must actually kill, hurt, or enslave the victim for this law to apply.
Fact: The law punishes the kidnapping itself when done with the intention or likely knowledge of these outcomes — the worst outcome doesn't need to actually happen for the offence to be complete. - Myth: Ransom demands only count if made to the government.
Fact: Subsection (2) covers threats or ransom demands made to compel the government, a foreign state, an international organization, or 'any other person' — meaning demands to a private family also qualify.