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IPC 369 vs BNS 369

● Retained in BNS
Indian Penal Code, 1860 § IPC 369

Kidnapping or abducting child under 10 years with intent to steal from its person


Section 369 of the Indian Penal Code, 1860, criminalizes kidnapping or abducting a child under the age of 10 years with the intention of stealing from them. The law specifically targets crimes against very young and vulnerable children, ensuring additional protection.

Key points:

  • Applies to children under 10 years of age.

  • The act must be done with intent to commit theft.

  • Punishment: Imprisonment up to 7 years and fine.

For example, if a person takes a 9-year-old child away from home to rob them of valuables, it constitutes an offence under IPC 369. The provision emphasizes the protection of minors from exploitation and theft, highlighting the need to safeguard children from criminal activities.

VS
Bharatiya Nyaya Sanhita, 2023 § BNS 369

Kidnapping or abducting child under 10 years with intent to steal from its person


Section 369 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 369 and continues to protect children under 10 years from kidnapping for theft purposes. The law punishes any person who abducts a minor to steal from them.

Key points:

  • Protects children under 10 years from theft-related abduction.

  • Punishment remains imprisonment up to 7 years and fine.

  • Applies to acts involving force, deceit, or coercion to abduct the child.

For instance, if someone entices or forcibly takes a 9-year-old child to steal jewelry or money, it is punishable under BNS 369. This section continues the IPC principle of extra protection for very young children against criminal exploitation.

What changed?

This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 369 to BNS BNS 369.