IPC 368 vs BNS 368 – Causing Grievous Hurt during Kidnapping
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 368
Causing grievous hurt in the act of kidnapping or abduction
About IPC Section
Section 368 of the Indian Penal Code, 1860, deals with causing grievous hurt during the act of kidnapping or abduction. It punishes anyone who causes serious bodily harm to a person while kidnapping or abducting them.
Key points:
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The hurt must be grievous, i.e., serious enough to endanger life or cause severe injury.
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Applies only during kidnapping or abduction.
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Punishment: Imprisonment up to 10 years and fine.
For example, if someone abducts a person and, during the act, inflicts serious injury to coerce or prevent escape, this falls under IPC 368. The section serves to ensure that kidnapping or abduction accompanied by violence is penalized severely, protecting the victim from both unlawful confinement and bodily harm.
Section: BNS 368
Causing grievous hurt in the act of kidnapping or abduction
About BNS Section
Section 368 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 368. It punishes causing grievous hurt while committing kidnapping or abduction. The intent and the act remain identical to the original IPC.
Key points:
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Applies when a person suffers serious injury during abduction or kidnapping.
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Covers situations where harm is inflicted intentionally or negligently during the act.
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Punishment is imprisonment up to 10 years and fine.
For instance, if a kidnapper forcibly takes someone away and breaks their arm to prevent escape, it is punishable under BNS 368. The section maintains strict legal protection for victims of kidnapping who also suffer bodily harm, continuing the principles of IPC.