IPC Section 365 — Kidnapping or abducting with intent secretly and wrongfully to confine person

kidnapping, abduction, slavery and forced labour

Criminal

Punishment

Imprisonment up to 7 years and fine

As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”

Summary

If a person takes someone away by force or fraud, or by taking them from lawful guardianship, with the intention of secretly and wrongfully confining that person, they commit an offence. The punishment for this offence can be imprisonment for up to seven years, along with a fine.

Official Text

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Related Judgments

  • SOMASUNDARAM @ SOMU vs THE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE — Supreme Court of India (2020)
  • SHAIK AHMED vs STATE OF TELANGANA — Supreme Court of India (2021)
  • VISHWANATH vs THE STATE OF UTTAR PRADESH — Supreme Court of India (1959)
  • BACHPAN BACHAO ANDOLAN vs UNION OF INDIA & OTHERS — Supreme Court of India (2011)
  • HENRY WESTMULLER ROBERTS, ETC. ETC. vs STATE OF ASSAM & ORS. ETC — Supreme Court of India (1985)
  • SUMAN SOOD @ KAMAL JEET KAUR vs STATE OF RAJASTHAN — Supreme Court of India (2007)

Old <-> New Code Mapping

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