IPC 365 → BNS 140(3): Kidnapping (Confinement)

Quick Summary: IPC 365 vs BNS 140(3)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 365 deals with kidnapping (confinement), 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 (confinement) as BNS 140(3) and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 365 cover?

IPC 365 dealt with kidnapping (confinement) — kidnapping or abducting with intent secretly and wrongfully to confine person. 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(3): What changed in the new law?

No major change. From 1 July 2024, new complaints relating to kidnapping (confinement) are filed under BNS Section 140(3), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 140(3)

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For kidnapping (confinement), the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 365 carefully to BNS 140(3).
• Police officers: Record the nature and degree of injury and the weapon or means used; a new kidnapping (confinement) FIR is filed under BNS 140(3).
• Law students & citizens: Punishment for kidnapping (confinement) rises sharply with the seriousness of the harm and the victim — the IPC 365 to BNS 140(3) change does not lower it.