IPC Section 364 = BNS Section 140

Kidnapping or Abducting in order to Murder

हत्या करने के लिए अपहरण या व्यपहरण

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

Overview

Section 364 of the IPC dealt with kidnapping or abducting to murder. Under BNS 2023, this is now Section 140. Punishment remains the same.

Hindi IPC की धारा 364 हत्या के लिए अपहरण से संबंधित थी। BNS 2023 के तहत यह अब धारा 140 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 364 Section 140
Title Kidnapping or Abducting in order to Murder Kidnapping or Abducting in order to Murder
Punishment Imprisonment for life, or rigorous imprisonment up to 10 years and fine Imprisonment for life, or rigorous imprisonment up to 10 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 Court of Session

Key Changes

  • Section number changed from IPC 364 to BNS 140
  • Punishment remains the same
  • No substantive changes

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 The accused kidnapped or abducted a person
  2. 2 The kidnapping was done in order to murder the person or to put the person in danger of being murdered

Frequently Asked Questions

What is the BNS equivalent of IPC Section 364?

IPC Section 364 (Kidnapping or Abducting in order to Murder) is now BNS Section 140 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment changed from IPC 364 to BNS 140?

No, the punishment remains substantially the same. Under BNS 140: Imprisonment for life, or rigorous imprisonment up to 10 years and fine.

Is BNS Section 140 cognizable?

Yes, BNS Section 140 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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