IPC Section 363 = BNS Section 137

Punishment for Kidnapping

अपहरण के लिए दंड

Kidnapping, Abduction & Trafficking No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 363 of the IPC prescribed punishment for kidnapping from lawful guardianship. Under BNS 2023, this is now Section 137. The punishment remains the same.

Hindi IPC की धारा 363 विधिपूर्ण संरक्षकता से अपहरण के दंड से संबंधित थी। BNS 2023 के तहत यह अब धारा 137 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 363 Section 137
Title Punishment for Kidnapping Punishment for Kidnapping
Punishment Imprisonment up to 7 years and fine Imprisonment up to 7 years and fine
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Magistrate of the First Class

Key Changes

  • Section number changed from IPC 363 to BNS 137
  • Punishment remains the same
  • No substantive changes

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 The accused kidnapped a person from lawful guardianship
  2. 2 The person was a minor (under 16 for male, under 18 for female) or a person of unsound mind

Frequently Asked Questions

What is the BNS equivalent of IPC Section 363?

IPC Section 363 (Punishment for Kidnapping) is now BNS Section 137 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment changed from IPC 363 to BNS 137?

No, the punishment remains substantially the same. Under BNS 137: Imprisonment up to 7 years and fine.

Is BNS Section 137 cognizable?

Yes, BNS Section 137 is a cognizable, non-bailable, and non-compoundable offence.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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