IPC 359 vs BNS 359 – Definition of Kidnapping
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 359
Kidnapping
About IPC Section
Section 359 of the Indian Penal Code, 1860, defines the offense of kidnapping. It classifies kidnapping into two categories:
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Kidnapping from India – when a person is taken beyond the territorial limits of India without their consent or lawful authority.
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Kidnapping from lawful guardianship – when a minor (under 16 years for males and under 18 years for females) or a person of unsound mind is taken away from their lawful guardian without consent.
This section lays the foundation for subsequent provisions on kidnapping and abduction. Its purpose is to safeguard individual liberty and protect minors and vulnerable persons from unlawful removal.
For example, taking a child away from their parents without consent, or forcefully sending someone abroad without lawful permission, falls under IPC 359.
Section: BNS 359
Kidnapping
About BNS Section
Section 359 of the Bharatiya Nyaya Sanhita, 2023, retains the same meaning as IPC 359. It recognizes two types of kidnapping:
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Kidnapping from India – unlawful removal of a person beyond India’s boundaries.
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Kidnapping from lawful guardianship – unlawful taking of a minor or a person of unsound mind from their lawful guardian without consent.
This section ensures continuity in protecting minors and vulnerable persons, as well as preserving India’s jurisdiction over its residents.
For instance, if someone deceitfully removes a minor girl from her guardian’s custody, it qualifies as kidnapping under BNS 359. Similarly, taking a person outside India without permission is also covered.