Indian Penal Code, 1860
Section 364A
repealedKidnapping for ransom, etc.
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.
Why this exists
This section was added to specifically address ransom kidnappings and terror-linked abductions, which are more dangerous than ordinary kidnapping because they involve coercing a third party, sometimes even the state, through threats to a hostage's life. It reflects the seriousness with which the law treats kidnapping for ransom given its links to organized crime and terrorism. The Bharatiya Nyaya Sanhita, 2023 continues to criminalize kidnapping for ransom with similarly severe punishment.
How courts read it
The Supreme Court has clarified that this section applies broadly to any ransom demand, not just those linked to terrorism, and that the threat or apprehension of harm need not be carried out; even a credible threat is enough, provided the purpose was to compel payment or compliance.
Common misconceptions
- Myth: This section only applies to kidnappings connected to terrorism.
Fact: Courts have clarified it applies to any kidnapping for ransom or coercive demand, whether by criminals, gangs, or individuals, not just terrorism-linked cases.