IPC · Chapter XVI · Of offences affecting the human body

IPC section 359 in the BNS

IPC 359BNS 137(1)

IPC section 359, “Kidnapping”, is now BNS section 137(1) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 359 to BNS 137

The two kinds of kidnapping are now defined together in BNS section 137(1): (a) kidnapping from India and (b) kidnapping from lawful guardianship.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 359 Kidnapping

Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.

Bharatiya Nyaya Sanhita, 2023

Section 137 Kidnapping

The part that carries IPC 359 is marked.

(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship—

(a) whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India;

(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.

Explanation.—The words “lawful guardian” in this clause include any person lawfully entrusted with the care or custody of such child or other person.

Exception.—This clause does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Also in BNS 137

Other IPC sections that went to the same place

IPC 360 Kidnapping from India → BNS 137(1)(a)
IPC 361 Kidnapping from lawful guardianship → BNS 137(1)(b)
IPC 363 Punishment for kidnapping → BNS 137(2)

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.