Kidnapping from India
Section 360 of the Indian Penal Code, 1860 deals with kidnapping from India. Whoever conveys any person beyond the limits of [India] without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from [India]. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever conveys any person beyond the limits of [India] without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from [India].
Section 360, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 137 Kidnapping Close, with changes 78%
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 The repealed enactment still governs what happened while it was in force.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.
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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Ram Chandra Prasad& ORS. vs State of Bihar& ANR.
Court's Decision & Legal Precedent
When a court is unable to convince itself that the complainant's story is true based on the factual matrix and circumstances of the case, including prior related criminal proceedings, it is appropriate to quash the cognizance order and set aside the proceedings, even if some allegations appear to have merit on their face. The court must examine the complete background and context before proceeding to trial.
On this section: Cited in relation to the kidnapping case filed by the husband's father against the complainant's family
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 360
What have the courts held on Section 360 of the Indian Penal Code?
Ram Chandra Prasad& ORS. vs State of Bihar& ANR. (18 Sep 2015) is the leading judgment on this section among those set out below: Cited in relation to the kidnapping case filed by the husband's father against the complainant's family.
How do I find court cases under Section 360 of the Indian Penal Code?
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: IPC 360, section 360 IPC, section 360 of the Indian Penal Code. People searching for it also type ipc 360 law. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ram Chandra Prasad& ORS. vs State of Bihar& ANR. (18 Sep 2015).
What should I read with Section 360 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 137 (Kidnapping), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 360 of the Indian Penal Code come into force?
Section 360 of the Indian Penal Code, cited as IPC 360, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.