Kidnapping Under the BNS (Section 137): IPC 363 Mapping (2026)
What kidnapping means under Section 137 of the Bharatiya Nyaya Sanhita, 2023, how it maps to Sections 359 to 363 of the old IPC, where kidnapping for ransom now sits, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
Kidnapping is an offence under Section 137 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It is of two kinds: kidnapping from India and kidnapping from lawful guardianship. It carries forward Sections 359 to 363 of the old IPC. The punishment is imprisonment of up to seven years, and a fine. Kidnapping for ransom is a separate, far graver offence under Section 140. Last verified October 2026.
- What it is: kidnapping of two kinds, from India and from lawful guardianship, under BNS Section 137.
- Old law: IPC Sections 359 to 363, with kidnapping for ransom from Section 364A.
- Punishment: up to seven years and fine for basic kidnapping; death or imprisonment for life for kidnapping for ransom under Section 140(2).
- Classification: basic kidnapping is cognizable, bailable, triable by a Magistrate of the first class; ransom kidnapping is cognizable, non-bailable and tried by the Court of Session.
01The problem this section answers
Taking a person away against their will, or taking a child away from a parent or guardian, is one of the oldest and most serious wrongs the criminal law deals with. It is often the first step in a larger crime, such as ransom, trafficking, forced marriage, or assault.
The BNS keeps kidnapping as a distinct offence with two clear forms. It also keeps a ladder of graver offences for the worst cases, so that kidnapping for ransom is punished far more severely than simple kidnapping.
02What BNS Section 137 covers
Section 137 of the BNS defines and punishes kidnapping. Section 137(1) says kidnapping is of two kinds.
- Kidnapping from India: conveying any person beyond the limits of India without the consent of that person, or of someone legally authorised to consent for them.
- Kidnapping from lawful guardianship: taking or enticing a child, or a person of unsound mind, out of the keeping of the lawful guardian without the guardian’s consent. For this purpose a child means a boy or girl under eighteen years of age.
Age and consent are central
In kidnapping from lawful guardianship, the consent of the child does not matter; what matters is the consent of the guardian. This is why the age limit of eighteen is so important in these cases, and why age is often the main issue at trial.
Kidnapping is different from abduction, which is dealt with separately under Section 138 of the BNS. Abduction involves using force or deceit to move a person, and is usually charged together with the purpose behind it, such as ransom or marriage.
03IPC 359 to 363 to BNS 137 mapping
The old Indian Penal Code set out kidnapping across several sections. The BNS gathers the definition and the basic punishment into Section 137.
| Old law (IPC, 1860) | New law (BNS, 2023) | What it does |
|---|---|---|
| Section 359 | Section 137(1) | Kidnapping is of two kinds |
| Section 360 | Section 137(1) | Kidnapping from India |
| Section 361 | Section 137(1) | Kidnapping from lawful guardianship |
| Section 363 | Section 137(2) | Punishment for kidnapping |
| Section 364A | Section 140(2) | Kidnapping for ransom |
So the search term "section 363 IPC in BNS" points to Section 137. Note that kidnapping for ransom, which was old IPC Section 364A, is now Section 140(2), not Section 140 as a whole. For the full renumbering, see our IPC to BNS section mapping. A kidnapping may also raise human trafficking under BNS Section 143.
04Punishment, cognizable and bailable
Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine (Section 137(2)).
- Maximum imprisonment: seven years.
- Fine: yes, in addition.
- Cognizable or not: cognizable, so the police can register and investigate without a magistrate’s order.
- Bailable or not: bailable for the basic offence under Section 137.
- Triable by: Magistrate of the first class.
Kidnapping for ransom is far graver. Under Section 140(2) (old IPC Section 364A), whoever kidnaps or abducts a person and threatens or causes death or hurt to compel the Government, or any person, to pay a ransom or do an act, is punishable with death, or imprisonment for life, and fine. That offence is cognizable, non-bailable, and triable by the Court of Session.
05What changed from the old law
The definition and the seven year punishment for basic kidnapping are carried over from the old IPC with little change. The two kinds of kidnapping, the age of eighteen for a child, and the focus on the guardian’s consent all stay the same. The main change is renumbering, with the related offences gathered under new section numbers.
Simple kidnapping keeps its seven year punishment under the BNS. The graver crimes, above all kidnapping for ransom, keep their severe sentences up to death or life.
Kidnapping for ransom moves from old IPC Section 364A to Section 140(2), and the offence of kidnapping or maiming a child for begging also sits in Section 140. A case for an act before 1 July 2024 continues under the IPC, while a complaint for an act on or after that date uses BNS Section 137.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Kidnapping cases move quickly through remand, bail and committal to the Court of Session, and counsel often need to track a live matter and read how courts have handled the age and consent issues. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. You can follow a live matter and get cause lists and WhatsApp and email alerts before each hearing. To search this offence across the court system, start with case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Bare text of BNS Section 137: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being read by the courts, so check the current text and take advice from counsel on your own facts.
08Frequently asked questions
What is Section 137 of the BNS?
Section 137 of the Bharatiya Nyaya Sanhita, 2023 is the offence of kidnapping. It is of two kinds: kidnapping from India, meaning taking a person beyond India’s limits without consent, and kidnapping from lawful guardianship, meaning taking a child or a person of unsound mind from their guardian without consent.
Which IPC section is now BNS Section 137?
BNS Section 137 replaces Sections 359 to 363 of the Indian Penal Code, which defined the two kinds of kidnapping and set the punishment. The punishment that was Section 363 is now Section 137(2).
What is the punishment for kidnapping under the BNS?
Basic kidnapping under Section 137(2) is punishable with imprisonment up to seven years and fine. Kidnapping for ransom under Section 140(2), which carried forward old IPC Section 364A, is punishable with death or imprisonment for life and fine.
Where does kidnapping for ransom fall under the BNS?
Kidnapping for ransom is Section 140(2) of the BNS, which replaced old IPC Section 364A. It is a far graver offence than simple kidnapping, punishable with death or imprisonment for life, and it is cognizable, non-bailable and tried by the Court of Session.
Is basic kidnapping a bailable offence?
Basic kidnapping under Section 137 is treated as cognizable and bailable, triable by a Magistrate of the first class. Kidnapping for ransom and other graver forms are non-bailable. Confirm the position against the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita.
Can I find kidnapping cases in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. It helps you research and follow matters, but it does not give legal advice.