IPC 369 → BNS 97: Kidnapping Child (Theft)

Quick Summary: IPC 369 vs BNS 97

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 369 deals with kidnapping child (theft), 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 child (theft) as BNS 97 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 369 cover?

IPC 369 dealt with kidnapping child (theft) — kidnapping or abducting child under ten years with intent to steal from its 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 97: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to kidnapping child (theft) are filed under BNS Section 97, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 97

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For kidnapping child (theft), the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 369 carefully to BNS 97.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new kidnapping child (theft) FIR is filed under BNS 97.
• Law students & citizens: Punishment for kidnapping child (theft) rises sharply with the seriousness of the harm and the victim — the IPC 369 to BNS 97 change does not lower it.