Section 140 BNS: Kidnapping or Abducting in Order to Murder or for Ransom, etc.
Section 140 of the Bharatiya Nyaya Sanhita, 2023 deals with aggravated forms of kidnapping or abduction, including kidnapping or abduction connected with murder, ransom, secret wrongful confinement, grievous hurt, slavery or the unnatural lust of any person.
Text of Section 140 BNS
140. (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 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.
- 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.
For the authoritative enactment, see the Bharatiya Nyaya Sanhita, 2023 on India Code and the official India Code PDF of Act 45 of 2023.
Meaning and legal structure of Section 140
Section 140 does not create only one form of aggravated kidnapping or abduction. Its four sub-sections address different purposes or consequences. The prosecution must establish the ingredients of the particular sub-section alleged, including the required act of kidnapping or abduction and the stated intent, knowledge, threat, apprehension, hurt, death, confinement or compulsion, as applicable.
Kidnapping and abduction under the BNS
The terms used in Section 140 should be read with the connected BNS provisions. Section 137 BNS deals with kidnapping, including kidnapping from India and kidnapping from lawful guardianship. Section 138 BNS defines abduction as compelling a person by force, or inducing a person by deceitful means, to go from any place.
Punishment under Section 140 BNS
| Provision | Conduct covered | Punishment stated in Section 140 |
|---|---|---|
| Section 140(1) | Kidnapping or abduction in order that the person may be murdered or put in danger of being murdered. | Imprisonment for life, or rigorous imprisonment up to 10 years, and fine. |
| Section 140(2) | Kidnapping, abduction or continued detention involving the specified threat, apprehension, hurt or death to compel an act or omission, or payment of ransom. | Death, or imprisonment for life, and fine. |
| Section 140(3) | Kidnapping or abduction with intent to cause secret and wrongful confinement. | Imprisonment of either description up to 7 years, and fine. |
| Section 140(4) | Kidnapping or abduction for, or with the stated knowledge of likely exposure to, grievous hurt, slavery or unnatural lust. | Imprisonment of either description up to 10 years, and fine. |
Sub-section-wise explanation
Section 140(1): Kidnapping or abduction connected with murder
This sub-section applies where the kidnapping or abduction is carried out so that the person may be murdered, or may be disposed of in a manner that puts the person in danger of being murdered. The statutory illustrations show both a contemplated sacrifice and forcibly carrying or enticing a person away in order that the person may be murdered.
Section 140(2): Kidnapping for ransom or compulsion
This is the ransom and coercion provision. It covers kidnapping or abduction, or keeping the victim in detention after kidnapping or abduction, accompanied by one of the specified circumstances: a threat of death or hurt, conduct causing a reasonable apprehension of death or hurt, or actual hurt or death. That conduct must be linked to the purpose of compelling the Government, a foreign State, an international inter-governmental organisation or another person to act, refrain from acting, or pay ransom.
Section 140(3): Secret wrongful confinement
This sub-section focuses on the intent behind the kidnapping or abduction. It applies where the intent is to cause the person to be secretly and wrongfully confined.
Section 140(4): Grievous hurt, slavery or unnatural lust
This sub-section applies where a person is kidnapped or abducted in order that the person may be subjected, or put in danger of being subjected, to grievous hurt, slavery or the unnatural lust of any person, or where the accused knows it to be likely that the person will be so subjected or disposed of.
Related BNS provisions
- Section 137 BNS - Kidnapping
- Section 138 BNS - Abduction
- Section 139 BNS - Kidnapping or maiming a child for purposes of begging
- Section 141 BNS - Importation of girl or boy from foreign country
- Section 142 BNS - Wrongfully concealing or keeping in confinement kidnapped or abducted person
Frequently asked questions
What does Section 140 BNS cover?
It covers kidnapping or abduction for specified aggravated purposes, including murder, ransom or coercion, secret wrongful confinement, grievous hurt, slavery or unnatural lust.
What is the punishment for kidnapping for ransom under Section 140(2)?
Where the statutory ingredients of Section 140(2) are proved, the punishment is death or imprisonment for life, and the offender is also liable to fine.
When did the Bharatiya Nyaya Sanhita, 2023 come into force?
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The India Code record identifies it as Act 45 of 2023, enacted on 25 December 2023.