Kidnapping or abducting in order to murder or for ransom, etc
Section 140 of the Bharatiya Nyaya Sanhita, 2023 deals with kidnapping or abducting in order to murder or for ransom, etc. 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. The Act came into force on 01 Jul 2024.
(1) 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.
Illustrations.
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.
(3) 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.
(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 140, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 364 Kidnapping or abducting in order to murder Close, with changes 83%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 4 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Kidnapping or abducting in order to murder. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| Kidnapping for ransom, etc. | Death, or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| Kidnapping or abducting with intent secretly and wrongfully to confine a person. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vikas Rajput vs State of Maharashtra
Court's Decision & Legal Precedent
The Magistrate is not bound by the analytical conclusions or the final choice of sections made by the investigating officer in a charge sheet. Under the scheme of criminal procedure, the Magistrate must apply an independent judicial mind to the threshold materials, facts, and evidence gathered during the investigation to decide whether to take cognizance of non-bailable offences even if dropped by the police.
On this section: Kidnapping or abducting in order to subject a person to extortion. The court applied this finding that victims were held at police headquarters to extract ransom.
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MOHAMMED ASIF RISALDAR vs INDIRANAGAR P S
Court's Decision & Legal Precedent
The tainted character or criminal background of a complainant does not minimize the gravity of a prima facie offense of kidnapping for ransom committed against them; bail cannot be granted when key investigation elements and recoveries are pending.
On this section: Offences pertaining to kidnapping, wrongful confinement, extortion, and criminal conspiracy.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 140
What have the courts held on Section 140 of the Bharatiya Nyaya Sanhita?
Vikas Rajput vs State of Maharashtra (16 Dec 2025) is the leading judgment on this section among those set out below: Kidnapping or abducting in order to subject a person to extortion. The court applied this finding that victims were held at police headquarters to extract ransom. Another 1 judgment on this section is set out below.
Is Section 140 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 140 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 140 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 140, section 140 BNS, section 140 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 140(3) in hindi and bns 140 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vikas Rajput vs State of Maharashtra (16 Dec 2025).
What should I read with Section 140 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 364 (Kidnapping or abducting in order to murder), so the judgments decided under that provision are the case law on this one.
When did Section 140 of the Bharatiya Nyaya Sanhita come into force?
Section 140 of the Bharatiya Nyaya Sanhita, cited as BNS 140, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.