IPC Sections 352 to 377: Assault, Kidnapping, Trafficking and Sexual Offences
Legal position covered: This article explains the Indian Penal Code, 1860 as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is particularly relevant to offences committed while the IPC was in force and to understanding the former law.
Chapter XVI of the Indian Penal Code dealt with offences affecting the human body. This part of the Chapter included assault and criminal force, kidnapping and abduction, trafficking, exploitation of minors, unlawful compulsory labour, rape and other sexual offences.
Key legal definitions | Sections 352-358 | Sections 359-369 | Sections 370-374 | Sections 375-377 | Section-wise summary
Key legal definitions
Assault and criminal force
Section 350 IPC defined criminal force broadly as intentional use of force to another without that person's consent in order to commit an offence, or intending or knowing it to be likely that the use of force would cause injury, fear or annoyance. Section 351 IPC defined assault as a gesture or preparation made with the intention or knowledge that it is likely to cause a person present to apprehend that criminal force is about to be used.
Kidnapping and abduction
Section 359 IPC stated that kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship. Sections 360 and 361 supplied those definitions. Section 362 IPC defined abduction as compelling by force, or inducing by deceitful means, any person to go from any place.
Trafficking
By 30 June 2024, Section 370 IPC dealt with trafficking of persons. It covered recruitment, transportation, harbouring, transfer or receipt of persons by specified coercive, deceptive or abusive means for exploitation. Consent of the victim is immaterial where the statutory ingredients are established.
Sections 352 to 358: Assault and criminal force
Sections 352 to 358 prescribed punishment for different forms of assault or criminal force. Section 353 specifically protected public servants acting in discharge of duty. Section 354, after the 2013 amendment, punished assault or criminal force to a woman with intent to outrage, or knowledge that the act is likely to outrage, her modesty with imprisonment of not less than one year and up to five years, together with fine.
Sections 359 to 369: Kidnapping and abduction
These provisions distinguished kidnapping from abduction and imposed enhanced punishment where kidnapping or abduction was connected with murder, ransom, secret confinement, forced marriage, exploitation, grievous hurt or theft from a child. Section 364A addressed kidnapping for ransom and permitted punishment of death or imprisonment for life in addition to fine.
Sections 370 to 374: Trafficking, exploitation and compulsory labour
The Criminal Law (Amendment) Act, 2013 substituted Section 370 with a comprehensive trafficking offence and inserted Section 370A concerning exploitation of a trafficked person. Sections 372 and 373 addressed selling, buying or obtaining possession of minors for prostitution or other unlawful and immoral purposes. Section 374 punished unlawful compulsory labour.
Sections 375 to 377: Rape and sexual offences
Section 375 IPC defined rape and specified the circumstances in which the acts described in the section constituted the offence, including absence of consent and specified age-based situations. Section 376 prescribed punishment for rape, with enhanced provisions for specified circumstances. Later amendments added or revised Sections 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E.
Section 377 IPC: The provision remained in the IPC until its repeal with the new criminal codes, but the Supreme Court in Navtej Singh Johar v. Union of India (2018) held it unconstitutional insofar as it criminalised consensual sexual conduct between adults in private. It continued to have operation outside that protected sphere, including specified non-consensual conduct and acts involving animals, subject to other applicable law.
IPC Sections 352 to 377: section-wise summary and punishment
| IPC section | Offence or subject | Pre-BNS punishment or legal effect |
|---|---|---|
| Section 352 | Assault or criminal force otherwise than on grave provocation | Up to 3 months, or fine up to Rs. 500, or both |
| Section 353 | Assault or criminal force to deter public servant from discharge of duty | Up to 2 years, or fine, or both |
| Section 354 | Assault or criminal force to woman with intent to outrage modesty | 1 to 5 years and fine |
| Section 355 | Assault or criminal force with intent to dishonour, otherwise than on grave provocation | Up to 2 years, or fine, or both |
| Section 356 | Assault or criminal force in attempt to commit theft of property worn or carried | Up to 2 years, or fine, or both |
| Section 357 | Assault or criminal force in attempt wrongfully to confine a person | Up to 1 year, or fine up to Rs. 1,000, or both |
| Section 358 | Assault or criminal force on grave and sudden provocation | Up to 1 month, or fine up to Rs. 200, or both |
| Section 359 | Kidnapping: kidnapping from India or from lawful guardianship | Definition provision; punishment generally under Section 363 |
| Section 363A | Kidnapping or maiming a minor for purposes of begging | Kidnapping: up to 10 years and fine; maiming: imprisonment for life and fine |
| Section 364 | Kidnapping or abducting in order to murder | Imprisonment for life or rigorous imprisonment up to 10 years and fine |
| Section 364A | Kidnapping for ransom, etc. | Death or imprisonment for life and fine |
| Section 365 | Kidnapping or abducting with intent secretly and wrongfully to confine | Up to 7 years and fine |
| Section 366 | Kidnapping, abducting or inducing woman to compel marriage, etc. | Up to 10 years and fine |
| Section 366A | Procuration of minor girl | Up to 10 years and fine |
| Section 366B | Importation of girl from foreign country | Up to 10 years and fine |
| Section 367 | Kidnapping or abducting to subject person to grievous hurt, slavery, etc. | Up to 10 years and fine |
| Section 368 | Wrongfully concealing or keeping in confinement a kidnapped or abducted person | Punished in the same manner as if the offender had kidnapped or abducted with the same intention or knowledge |
| Section 369 | Kidnapping or abducting child under ten with intent to steal from the person | Up to 7 years and fine |
| Section 370 | Trafficking of person | Rigorous imprisonment; punishment varies by number and circumstances, beginning at 7 to 10 years plus fine |
| Section 371 | Habitual dealing in slaves | Imprisonment for life or up to 10 years and fine |
| Section 372 | Selling minor for purposes of prostitution, etc. | Up to 10 years and fine |
| Section 373 | Buying minor for purposes of prostitution, etc. | Up to 10 years and fine |
| Section 374 | Unlawful compulsory labour | Up to 1 year, or fine, or both |
| Section 376 | Punishment for rape | Punishment varies by clause; ordinarily rigorous imprisonment not less than 10 years, extendable to life, and fine |
| Section 376A | Punishment for causing death or resulting in persistent vegetative state of victim | Rigorous imprisonment not less than 20 years extending to remainder of natural life, or death |
| Section 376AB | Rape on woman under twelve years of age | Rigorous imprisonment not less than 20 years extending to remainder of natural life, and fine, or death |
| Section 376B | Sexual intercourse by husband upon his wife during separation | 2 to 7 years and fine |
| Section 376C | Sexual intercourse by person in authority | 5 to 10 years rigorous imprisonment and fine |
| Section 376D | Gang rape | Rigorous imprisonment not less than 20 years extending to remainder of natural life, and fine |
| Section 376DA | Gang rape on woman under sixteen years of age | Imprisonment for remainder of natural life and fine |
| Section 376DB | Gang rape on woman under twelve years of age | Imprisonment for remainder of natural life and fine, or death |
| Section 376E | Punishment for repeat offenders | Imprisonment for remainder of natural life, or death |
| Section 377 | Unnatural offences (historical IPC provision; constitutionally limited by Navtej Singh Johar) | Provision remained relevant for non-consensual acts, acts involving minors and bestiality; consensual same-sex conduct between adults in private was decriminalised |
Important: The precise cognizable/non-cognizable, bailable/non-bailable and trial-court classification depended on the First Schedule to the Code of Criminal Procedure, 1973 and amendments in force at the relevant time. State amendments may also require separate examination. For an actual case, the law applicable on the date of the alleged offence should be checked.
Related IPC Chapter XVI pages
IPC Sections 302 to 318 - offences affecting the human body
IPC Sections 323 to 348 - hurt, grievous hurt, restraint and confinement