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BNS Section 140: Kidnapping or abducting in order to murder or for ransom etc

Section 140 of the Bharatiya Nyaya Sanhita, 2023 deals with kidnapping or abducting in order to murder or for ransom etc. It replaces IPC 364, IPC 364A, IPC 365, IPC 367 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 140(1) is cognizable and non-bailable; 140(2) is cognizable and non-bailable; 140(3) is cognizable and non-bailable; 140(4) is cognizable and non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
140(1)Kidnapping or abducting in order to murder.Imprisonment for life, or rigorous imprisonment for 10 years and fine.CognizableNon-bailableCourt of Session
140(2)Kidnapping for ransom, etc.Death, or imprisonment for life and fine.CognizableNon-bailableCourt of Session
140(3)Kidnapping or abducting with intent secretly and wrongfully to confine a person.Imprisonment for 7 years and fine.CognizableNon-bailableMagistrate of the first class
140(4)Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.Imprisonment for 10 years and fine.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 140

140. (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) Akidnaps 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 aransom, 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.

IPC sections replaced

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