IPC Section 364 — Kidnapping or abducting in order to murder

kidnapping, abduction, slavery and forced labour

Criminal

Punishment

Life imprisonment · Rigorous imprisonment up to 10 years and fine

As the section puts it: “shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine”

Summary

If a person takes or carries away someone by force or deceit, or forces them to go from one place to another, with the intention that the person will be killed or left in a situation where they could be killed, that person has committed this offence. The punishment for this crime is either life imprisonment or a minimum of ten years of hard imprisonment, along with a fine.

Official Text

Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Referred to by

CrPC §82 — Proclamation for person absconding

Related Judgments

SHAIK AHMED vs STATE OF TELANGANA — Supreme Court of India (2021)
BADSHAH AND ORS. vs STATE OF U.P — Supreme Court of India (2008)
SOMASUNDARAM @ SOMU vs THE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE — Supreme Court of India (2020)
PRABHAT SINGH vs STATE — Delhi High Court (2014)
Date of Decision: 27.05.2015; RAJA RAM vs STATE — Delhi High Court (2015)
RAVI DHINGRA vs THE STATE OF HARYANA — Supreme Court of India (2023)

Old <-> New Code Mapping

BNS §140 — Kidnapping or abducting in order to murder or for ransom, etc