IPC 361 → BNS 137(1)(b): Kidnapping Guardianship

Quick Summary: IPC 361 vs BNS 137(1)(b)

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 361 (Kidnapping Guardianship) is now mapped to BNS Section 137(1)(b).

What did IPC 361 cover?

IPC 361 dealt with kidnapping guardianship — definition of kidnapping from lawful guardianship. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 137(1)(b): What changed in the new law?

Age limits: Male < 16, Female < 18. From 1 July 2024, all new criminal complaints relating to kidnapping guardianship are filed under BNS Section 137(1)(b). Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 137(1)(b)

N/A - Definition

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 137(1)(b) instead of IPC 361.
• Police officers: Use BNS 137(1)(b) as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 361 ↔ BNS 137(1)(b) mapping.