Section 140 – Bharatiya Nyaya Sanhita (BNS) – Kidnapping Or Abducting In Order To Murder Or For Ransom, Etc.

Code: Section 140 BNS

(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.

Explanation of Section 140 BNS

Section 140 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with kidnapping or abduction with intent to cause harm, including murder, extortion, and ransom situations. The section lays out severe punishments to curb crimes related to abduction.

Key Provisions:

1. Kidnapping or Abducting for Murder:
   • If a person is kidnapped or abducted with intent to kill or put in danger of being murdered, the offender faces life imprisonment or rigorous imprisonment up to 10 years with a fine.
2. Kidnapping for Ransom or Extortion:
   • If a person is kidnapped or detained for ransom, or if threats or harm are inflicted to force an action from the government, foreign state, or others, the offender can be sentenced to death or life imprisonment, along with a fine.
3. Secret and Wrongful Confinement:
   • If a person is kidnapped or abducted to be wrongfully confined, the punishment extends to seven years of imprisonment and a fine.
4. Kidnapping for Grievous Hurt, Slavery, or Unnatural Lust:
   • If an abducted person is subjected or likely to be subjected to grievous harm, slavery, or unnatural lust, the offender can face imprisonment of up to ten years and a fine.

Illustrations

• Example 1: Kidnapping for Murder
  A abducts B and takes him to an isolated location, intending to kill him. Even if B is not murdered, A has committed an offense under Section 140(1) BNS.
• Example 2: Kidnapping for Ransom
  A group of criminals kidnaps the son of a businessman and demands ₹1 crore for his release. This falls under Section 140(2) BNS, punishable with life imprisonment or death.
• Example 3: Wrongful Confinement
  A person is kidnapped and locked in a secret basement without consent. This is an offense under Section 140(3) BNS, punishable with imprisonment up to seven years.
• Example 4: Abduction for Exploitation
  A kidnaps a child and forces them into slavery. This is a crime under Section 140(4) BNS, with a punishment of up to ten years in prison.

Common Questions and Answers on Section 140 BNS

1. What is the punishment for kidnapping someone for murder?

The offender can face life imprisonment or rigorous imprisonment up to 10 years, along with a fine under Section 140(1) BNS.

2. What is the punishment for kidnapping for ransom or extortion?

If a person is kidnapped for ransom or threats are used to extort money, the offender can be sentenced to death or life imprisonment under Section 140(2) BNS.

3. Can wrongful confinement be considered an offense under this section?

Yes. Section 140(3) BNS punishes kidnapping for wrongful confinement with imprisonment up to seven years and a fine.

4. How is human trafficking or slavery linked to this section?

If an abducted person is subjected to slavery or unnatural lust, the offender faces up to ten years of imprisonment under Section 140(4) BNS.

5. Is bail possible for offenses under Section 140 BNS?

Most offenses under this section are non-bailable, especially those involving ransom, murder, or grievous harm.

Conclusion

Section 140 BNS establishes stringent punishments for various forms of kidnapping and abduction. Whether the crime is committed for ransom, extortion, wrongful confinement, or exploitation, strict legal action is mandated.

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