Sections 363 to 366 IPC (Now BNS): Kidnapping and Abduction Explained (2026)

Explainer · Criminal Law

Updated for 2026 · Claw Editorial

Sections 363 to 366 of the Indian Penal Code (IPC) deal with kidnapping and abduction. Section 363 punishes kidnapping with up to seven years of imprisonment and a fine, and Section 366 punishes kidnapping or abducting a woman to compel her marriage, with up to ten years. Since 1 July 2024, new cases are registered under the Bharatiya Nyaya Sanhita (BNS), 2023, where kidnapping sits mainly in Sections 137 to 140. This guide explains the difference between kidnapping and abduction, the key offences, the punishment, bail, and the IPC to BNS mapping, last verified October 2026.

01Why people confuse these sections

Kidnapping and abduction sound like the same thing, and in daily speech they are. In the law they are two different acts with different ingredients, and the section you apply decides the punishment, the trial court and the defence. Getting this wrong at the FIR stage can weaken a complaint or a bail application.

One chapter, many sections

The IPC deals with these acts in Chapter XVI, under the heading of kidnapping, abduction, slavery and forced labour. Sections 359 to 362 define the terms. Sections 363 to 369 and later sections punish them in different situations. Readers often quote Section 363 for everything, even when the facts fit Section 364A (ransom) or Section 366 (compelling marriage).

The law changed in 2024

The IPC was replaced by the Bharatiya Nyaya Sanhita, 2023, for offences committed on or after 1 July 2024. Older offences are still tried under the IPC. So an advocate in 2026 needs both numbers: the IPC section for older matters and the BNS section for new ones.

Kidnapping is about taking a person away from lawful guardianship or out of India. Abduction is about forcing or tricking a person to go from a place. Section 363 punishes only the first.

02Kidnapping vs abduction (Sections 359 to 362)

Kidnapping is defined in Sections 359 to 361 IPC, and abduction in Section 362 IPC. The main difference is who the victim is and how the act is done.

Kidnapping (Sections 359, 360 and 361)

Section 359 says kidnapping is of two kinds: kidnapping from India (Section 360) and kidnapping from lawful guardianship (Section 361).

• Kidnapping from India (Section 360): taking any person beyond the limits of India without that person’s consent, or the consent of someone legally allowed to give it.
• Kidnapping from lawful guardianship (Section 361): taking or enticing a minor (a boy under 16 or a girl under 18), or a person of unsound mind, out of the keeping of the lawful guardian, without the guardian’s consent.

The victim must be a minor, a person of unsound mind, or someone taken out of India. An adult cannot be kidnapped from lawful guardianship under Section 361.

Abduction (Section 362)

Section 362 says that whoever, by force, compels any person to go from any place, or by deceitful means induces any person to go from any place, commits abduction. The victim can be of any age.

Abduction by itself is not a separate punishable offence under the IPC. It becomes punishable only when it is done with a particular purpose, for example to compel marriage (Section 366) or to murder (Section 364).

03Section 363 IPC: punishment for kidnapping

Section 363 IPC punishes kidnapping with imprisonment of either description for up to seven years, and also a fine. It applies when a person is kidnapped from India or from lawful guardianship.

What the prosecution must show

• The victim is a minor (boy under 16, girl under 18), a person of unsound mind, or was taken out of India.
• The accused took or enticed the victim away.
• The victim was in the lawful guardian’s keeping and the guardian did not consent.

Points that decide many cases

First, the age of the victim. Courts look closely at school records, birth certificates and, where needed, medical age tests. Second, consent. The consent of a minor is not a defence, because the law looks at the guardian’s consent. Third, the words “taking” and “enticing”. Courts have held that if a minor leaves on her own and the accused did not take or entice her, the offence may not be made out. These are fact-heavy questions, so always check the latest judgments on your point.

If the facts also involve a physical assault, the related offences are covered in our guide to Sections 323 and 324 IPC on hurt. If a sexual offence is alleged, see our guide to Section 376 IPC and the BNS on rape.

04Sections 364 to 366A: the aggravated offences

Sections 364 to 366A punish kidnapping and abduction when done for a worse purpose. The punishment is higher than under Section 363.

Section 366: compelling marriage

Section 366 applies when a woman is kidnapped or abducted with the intent that she may be compelled to marry any person against her will, or forced or seduced to illicit intercourse. It also covers cases where the accused knows she is likely to be so compelled. The punishment is imprisonment of up to ten years and a fine. Note that this section is about a woman of any age, since it relies on abduction as well as kidnapping.

Section 366A: procuration of a minor girl

Section 366A punishes inducing a minor girl under 18 to go from one place to another, or to do an act, knowing she may be forced into illicit intercourse with another person. The punishment is imprisonment of up to ten years and a fine. Under the BNS this offence was made gender neutral and now refers to a “child”.

05Cognizable, non-bailable and trial court

Kidnapping and abduction offences under Sections 363 to 366A IPC are cognizable and non-bailable. Police can register an FIR and arrest without a warrant, and bail is not a matter of right.

• Cognizable: the police can investigate and arrest without a magistrate’s order.
• Non-bailable: bail must be sought from a court, which will weigh the seriousness of the charge, the age of the victim and the risk of tampering with evidence.
• Trial court: Section 363 is generally triable by a Magistrate of the first class, while Sections 364A and 366 are generally triable by the Court of Session.

Offences under Sections 366 and 366A are also compoundable only in limited ways, if at all, so a settlement between families does not automatically end the case. Check the latest High Court position before advising on quashing.

06IPC to BNS mapping

In the BNS 2023, kidnapping and abduction sit mainly in Sections 137 to 140, and the woman-focused offences sit under the chapter on offences against women. The structure is close to the IPC, with some changes in wording.

What changed in substance

The BNS definition of kidnapping refers to “any child” instead of treating boys and girls separately. This brings boys aged 16 to 18 within the offence, which the IPC did not. Section 366A was also made gender neutral. Always cite the section that was in force on the date of the offence.

07Where 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.

For an offence like kidnapping, the hard part is finding judgments on age proof, consent and enticing, then tracking the matter once it is listed. Claw’s case search covers the Supreme Court and 25 High Courts, and its case management tracks listings across courts and tribunals. For tribunal-side tracking, see our guide to NCLT and NCLAT case tracking software. Claw also has a free plan for individual advocates, and Claw does not use customer case documents to train AI models.

08Sources and further reading

• India Code (IPC and BNS bare Acts): indiacode.nic.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

This page is general information, not legal advice. Last verified October 2026. Always check the current bare Act before relying on a section number.

09Frequently asked questions