IPC 363 vs BNS 363 – Punishment for Kidnapping
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 363
Punishment for Kidnapping
About IPC Section
Section 363 of the Indian Penal Code, 1860, provides for punishment in cases of kidnapping. Kidnapping usually refers to taking or enticing a minor (a boy under 16 years or a girl under 18 years) or a person of unsound mind, out of the lawful guardianship without consent.
The section prescribes that anyone found guilty of kidnapping shall be punished with imprisonment of up to seven years and shall also be liable to fine. This offence is cognizable, non-bailable, and non-compoundable, reflecting its seriousness.
The objective of IPC 363 is to safeguard minors and vulnerable persons from being taken away unlawfully. For example, if someone lures a 15-year-old away from their home without parental consent, it amounts to kidnapping under IPC 363. This provision thus acts as a protective measure against exploitation, human trafficking, and forced marriages.
Section: BNS 363
Punishment for Kidnapping
About BNS Section
Section 363 of the Bharatiya Nyaya Sanhita, 2023, continues to deal with punishment for kidnapping in the same manner as IPC 363. It states that whoever kidnaps any person shall be punished with imprisonment up to seven years and shall also be liable to fine.
The definition of kidnapping remains as per earlier law—taking or enticing a minor (boy under 16, girl under 18) or a person of unsound mind from lawful guardianship without consent. The punishment and nature of the offence remain unchanged, signifying continuity of protection.
This provision under BNS 363 ensures children and mentally vulnerable persons are safeguarded against illegal removal, trafficking, or exploitation. For example, tricking a girl aged 17 into leaving her home without parental approval amounts to kidnapping under this section.