IPC 364A → BNS 140(2): Kidnapping for Ransom

Quick Summary: IPC 364A vs BNS 140(2)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 364A deals with kidnapping for ransom, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers kidnapping for ransom as BNS 140(2) and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 364A cover?

IPC 364A dealt with kidnapping for ransom — kidnapping for ransom, etc.. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 140(2): What changed in the new law?

No major change. From 1 July 2024, new complaints relating to kidnapping for ransom are filed under BNS Section 140(2), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 140(2)

Same - Death or Life

Practical implications for advocates, police & citizens

• Advocates: For kidnapping for ransom, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 364A carefully to BNS 140(2).
• Police officers: Record the nature and degree of injury and the weapon or means used; a new kidnapping for ransom FIR is filed under BNS 140(2).
• Law students & citizens: Punishment for kidnapping for ransom rises sharply with the seriousness of the harm and the victim — the IPC 364A to BNS 140(2) change does not lower it.